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Probation Employment Contract Template for Belgium

A Belgian Probation Employment Contract is a legally binding agreement that establishes a probationary period of employment between an employer and employee under Belgian law. The contract outlines the terms and conditions of employment during the probationary period, including job responsibilities, working hours, remuneration, and conditions for termination. It complies with Belgian labor legislation, particularly the Employment Contracts Act of 1978 and relevant collective bargaining agreements. The document includes mandatory provisions required by Belgian law while protecting both employer and employee interests during the initial employment phase.

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What is a Probation Employment Contract?

The Probation Employment Contract is a crucial document used in Belgium when initiating new employment relationships that include a probationary period. It serves as the primary agreement governing the initial phase of employment, during which both employer and employee can assess their compatibility. The document must comply with Belgian labor law requirements, including specific provisions regarding maximum probation duration, notice periods, and essential employment terms. This contract type is particularly important as it provides clarity on performance expectations, working conditions, and termination procedures during the probationary period, while ensuring compliance with Belgian linguistic requirements and regional regulations. It's essential for risk management and establishing clear employment relationships in accordance with Belgian employment legislation.

What sections should be included in a Probation Employment Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the probationary contract

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and main responsibilities

5. Duration of Probationary Period: Specific length of the probation period in accordance with Belgian law

6. Working Hours and Location: Regular working hours, workplace location, and any flexibility arrangements

7. Remuneration: Salary, payment frequency, and any guaranteed benefits

8. Holiday Entitlement: Vacation days and public holidays arrangements

9. Termination During Probation: Notice periods and procedures for termination during the probationary period

10. Sick Leave and Incapacity: Procedures for reporting illness and sick pay entitlements

11. Company Policies: Reference to and agreement to comply with company policies and procedures

12. Governing Law: Confirmation that the contract is governed by Belgian law

13. Signatures: Execution section for both parties to sign and date

What sections are optional to include in a Probation Employment Contract?

1. Intellectual Property Rights: Include when employee will be involved in creative or innovative work

2. Confidentiality: Add when employee will have access to sensitive company information

3. Non-Competition: Include for roles where post-employment competition is a concern, subject to Belgian law restrictions

4. Company Car/Benefits: Add when specific additional benefits are being provided during probation

5. Remote Working Arrangements: Include if hybrid or remote work is permitted during probation

6. Language Declaration: Required only in specific linguistic regions of Belgium where language requirements apply

7. Training Commitments: Include if specific training is required during the probationary period

What schedules should be included in a Probation Employment Contract?

1. Job Description: Detailed description of the role, responsibilities, and performance expectations

2. Compensation Details: Breakdown of salary components and benefits structure

3. Company Policies: Key company policies that apply during probation

4. Working Hours Schedule: Detailed breakdown of working hours, breaks, and shift patterns if applicable

5. Performance Evaluation Criteria: Specific metrics and criteria for evaluating performance during probation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Cost

Free to use

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