The employment contract is a contract by which a person, the worker, undertakes
to work, in exchange for a salary, for another person, the employer, and to do
so under his authority. The four essential elements in an employment contract
are:
- the contract
- the work
- the salary
- the employer’s authority (the subordination relation)
The elements of the employment contract (for instance, the nature of the
work, a description of duties, if this has been set down in the contract, the
working hours and the place where the work is to be performed) cannot be
unilaterally modified by the employer or by the worker. The contract must be
performed under the conditions, at the time and in the place agreed.
Any changes in the employment contract can only be made with the consent of
both parties. If the employer or worker unilaterally modifies one of the
essential elements of the contract, this is deemed to be the same thing as
terminating the employment contract. The employer or worker can then take note
of the termination and ask for payment of compensation in lieu of notice. Not
all amendments are initialled. The employer, who is in charge of managing the
company, can restructure and reorganise the contract if necessary for economic
reasons provided it does not significantly alter any essential element of the
employment contract. The law on employment contracts states that any clause by
which the employer reserves the right to modify the working conditions
unilaterally is null and void.
A permanent employment contract does not have to be stated in writing.
Conversely, any other employment contracts and contractual clauses must be
stated in writing.
In practice, however, written employment contracts are often used to prevent
problems regarding proof.
Employment contracts for which a written document is required:
- Student employment contract
- Fixed-term contract or contract for specific work
- Replacement contract
- Part-time contract
- Contract for the performance of temporary work
- Contract employing a domestic worker
Clauses which must be stated in writing:
- Trial clause
- Non-competition clause
Use of Languages
The use of languages in industrial relations is regulated in Belgium. Dutch
must be used when the employer has his headquarters in the Dutch-speaking
region, French when it is in the French-speaking region, and German when it is
in the German-speaking region. Undertakings established in the bilingual
Brussels Capital Region must draw up documents in Dutch for Dutch-speaking staff
and in French for French-speaking staff.
Text last edited on: 03/2009
Source: European Union
© European Communities, 1995-2009
Reproduction is authorised.
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