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Working in Belgium - Special categories

Contents:
Introduction

Moving to Belgium
Registration Procedures
Movement of Goods and Capital
Moving Cars
Finding Accommodation
Finding a School

Living in Belgium
The System
Incomes and Taxation
Accommodation
Cultural & Social Life
Educational System
Private Life
Transport
The Health System
Cost of Living

Social Security
Social Security in Europe
General Organisation
Sickness Insurance
Family and Maternity Benefits
Old Age Insurance
Unemployment Benefits
E-forms

Working in Belgium
Recruitment
Applications
Recognition of Qualifications
Kinds of Employment
Employment Contracts
Remuneration
Working Time
Vocational Training
Leave: Sickness, Maternity
End of Employment
Self-employment
Special Categories
Representation of Workers
Work Disputes
Special categories
The law provides protection for women during maternity, for instance: prohibition on making a woman redundant when she informs the employer of her pregnancy, up to one month after the end of maternity leave; ban on dangerous work (the law establishes a precise list of such work). Pregnant women cannot be forced to work at night: i.e. a job mainly carried out between 20.00 and 06.00 in the two following cases:
  • for a period of eight weeks before the presumed date of birth;
  • on production of a medical certificate stating the need for this to protect the health and safety of the worker or her child:
    • during other periods throughout the pregnancy
    • as well as a period of four weeks maximum following the end of the maternity leave
Au Pair

An au pair means a young person living temporarily with a family where he or she is given accommodation and food in exchange for light, everyday household duties, the aim being to perfect his or her language skills and to enhance the young person’s general education through a better knowledge of the country.

Au pairs must:

  • be at least 18 years of age and no more than 26 at the date when the resident and work permits are issued
  • undertake not to work in Belgium during the au pair period
  • hold a certificate giving them access, in the country of origin, to university or provide proof that they have been at school at least until the age of 17
  • have a basic knowledge of the usual language of the host family or undertake to acquire this basic knowledge by following an intensive language course immediately after arrival in Belgium
  • during the au pair placement follow courses in an institution recognised, approved or subsidised by one of the Communities or determined by the regional minister responsible for employment, and taught in the language of the region in which the au pairs are perfecting their language skills. The au pairs must produce a quarterly certificate of attendance at these classes
  • not have received a work permit in Belgium in the past
Artists

Artists, like every other person who works in Belgium, henceforth come under one of the three current social security regimes (which determines the extent of social protection from which they may benefit) and must pay contributions in accordance with the rules in this regime:

  • The social security system for salaried employees in the private sector
  • The social security system for Inasti 
    The social security system for salaried employees in the public sector (ministries, Regions, Communities, municipalities, etc.)
Foreign Trainees

Foreign trainees are people undergoing a training period with an employer as a follow-up to prior training proven by means of a diploma or certificate. Trainees are exempt from the obligation to obtain a work permit, as are students undergoing compulsory training periods for the purpose of their studies in Belgium, trainees employed by a Belgian public authority, and trainees employed by an international organisation established in Belgium under public law, whose status is governed by a treaty currently in force, or employed in the context of a programme approved by this organisation.

Students

Students can conclude an employment contract provided that they are at least 15 years of age and are no longer subject to the full-time education obligation; provided that they are following a full-time course; provided that they are following a part-time course and:

  • are not working under a part-time employment or trainee contract
  • are not following an apprenticeship under an industrial or ‘small-business’ apprenticeship contract
  • are not receiving transitional allowances (unemployment benefit)
  • are working as student workers only during the school holidays

Foreign students from a country in the European Economic Area or Switzerland have the same rights and obligations as Belgian students, even if they are not following a course or are not resident in Belgium.

Text last edited on: 05/2009

Source: European Union
© European Communities, 1995-2009
Reproduction is authorised.

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