The Provisional Contract of Employment is a crucial document in Belgian employment law, designed for situations requiring temporary or fixed-term employment arrangements. It is commonly used for project-based work, seasonal employment, temporary replacements, or when testing new business activities. The contract must comply with strict Belgian labor regulations, including specific provisions about duration limits, renewal conditions, and worker protections. This document includes all legally required elements such as working hours, remuneration, and termination conditions, while also addressing specific requirements of Belgian social security and employment legislation. It serves as a comprehensive yet flexible tool for employers to engage workers for defined periods while ensuring full compliance with Belgian employment law and protecting both parties' interests.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the employment relationship and reason for provisional contract
3. Definitions: Key terms used throughout the contract
4. Function and Duties: Detailed description of the employee's role, responsibilities, and position title
5. Duration: Specific term of the provisional contract including start date and end date
6. Working Hours: Standard working hours, schedule, and potential flexibility arrangements
7. Place of Work: Primary workplace location and any mobility requirements
8. Remuneration: Salary, payment frequency, and method of payment
9. Holidays and Leave: Annual leave entitlement and public holiday provisions
10. Termination: Conditions and procedures for early termination of the contract
11. Confidentiality: Obligations regarding company confidential information
12. Governing Law: Specification of Belgian law as governing law and competent courts
1. Benefits Package: Additional benefits beyond statutory requirements, used when offering extra perks
2. Company Car: Terms of company vehicle usage, included when a company car is provided
3. Remote Working: Provisions for working from home or remote locations, used when flexible working is offered
4. Non-Compete: Post-employment competition restrictions, used for sensitive positions
5. Intellectual Property: IP rights assignment, used for creative or technical roles
6. Commission Structure: Details of commission or bonus schemes, used for sales or performance-based roles
7. Training Requirements: Specific training obligations, used when professional development is mandatory
8. Language Requirements: Language proficiency requirements, used in multilingual work environments
1. Schedule 1 - Job Description: Detailed outline of job responsibilities and requirements
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Reference to applicable workplace policies and procedures
4. Schedule 4 - Working Time Schedule: Detailed working hours and shift patterns if applicable
5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
6. Appendix B - Health and Safety Guidelines: Workplace safety procedures and requirements
7. Appendix C - IT and Communications Policy: Rules regarding use of company IT systems and communication tools
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