The Unlimited Employment Contract (Contract van onbepaalde duur / Contrat 脿 dur茅e ind茅termin茅e) is the standard form of employment agreement in Belgium, used to establish permanent employment relationships. This document is essential when hiring permanent employees in Belgium, regardless of their level or function within the organization. It must comply with strict Belgian employment law requirements, including the Employment Contracts Act of 1978, various collective bargaining agreements, and social security legislation. The contract should be used whenever a company intends to hire an employee for an indefinite period in Belgium, as opposed to fixed-term or specific project-based employment. It includes mandatory provisions required by Belgian law such as working hours, remuneration, place of work, and function description, while also incorporating references to work rules and applicable collective bargaining agreements. The document serves as the cornerstone of the employment relationship, providing both parties with clear rights and obligations while ensuring compliance with Belgian employment regulations.
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1. Parties: Identification of the employer and employee with complete legal details including registration numbers
2. Background: Brief context of the employment relationship and reference to any relevant collective bargaining agreements
3. Definitions: Key terms used throughout the contract
4. Function and Duties: Job title, role description, and main responsibilities
5. Place of Work: Primary workplace location and any mobility requirements
6. Duration and Working Hours: Confirmation of unlimited duration and specified working hours, including any shift patterns
7. Remuneration: Base salary, payment frequency, and method of payment
8. Benefits: Mandatory benefits including holiday pay, end-of-year premium, and meal vouchers if applicable
9. Annual Leave: Annual leave entitlement and procedures for requesting leave
10. Illness and Incapacity: Procedures for reporting illness and sick pay provisions
11. Notice Periods: Notice requirements for both employer and employee in case of contract termination
12. Confidentiality: Obligations regarding company confidential information
13. Intellectual Property: Ownership of work created during employment
14. Data Protection: GDPR compliance and handling of personal data
15. Work Rules Reference: Mandatory reference to company work rules ('arbeidsreglement'/'r猫glement de travail')
16. Governing Law: Confirmation of Belgian law application and competent courts
1. Company Car: Terms of company car provision, to be included when a company car is part of the package
2. Non-Compete Clause: Restrictions on post-employment competition, only valid for specific roles and salary levels as per Belgian law
3. Home Working: Terms for structural telework arrangements, if applicable
4. Commission Structure: Details of variable pay or commission schemes for sales or similar roles
5. International Travel: Terms for international travel if required by the role
6. Training Requirements: Specific training obligations and potential reimbursement clauses
7. Language Requirements: Specific language requirements and any language premiums
8. Stock Options: Terms of any stock option or share schemes
9. Flexible Rewards: Details of any cafeteria plan or flexible rewards system
1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and reporting lines
2. Schedule 2 - Compensation Details: Detailed breakdown of the compensation package including benefits
3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with
4. Schedule 4 - Benefit Plans: Details of insurance and other benefit plans
5. Appendix A - Company Car Policy: Specific terms and conditions for company car use, if applicable
6. Appendix B - IT Policy: Rules regarding use of company IT systems and equipment
7. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement
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