Working life country profile for Belgium
This profile describes the key characteristics of working life in Belgium. It aims to provide the relevant background information on the structures, institutions, actors and relevant regulations regarding working life.
This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and individual employment relations, health and well-being, pay, working time, skills and training, and equality and non-discrimination at work. The profiles are systematically updated every two years.
‘Individual employment relations’ refers to the relationship between the individual worker and their employer. This relationship is shaped by legal regulation and by the outcomes of social partner negotiations over terms and conditions governing the employment relationship. This section looks at the start and termination of the employment relationship and entitlements and obligations in Belgium.
Requirements regarding an employment contract
An employment contract requires the consent of both parties and their agreement on the nature of the contract, the wage and the nature of the work. The worker has to be aged 18 or over; otherwise, the contract must be authorised by their parents/guardians. The minimum working age is 15. Both parties are free to agree on the wage provided it is not less than the minimum wage fixed by sectoral collective agreements. The employment contract also has to respect statutory working time.
Open-ended contracts do not need to be written, while fixed-term contracts must be written and must specify the end date of the contract.
Collective Agreement No. 38 of 6 December 1983 includes several requirements for the recruitment and selection of workers, such as on the absence of discrimination and on how private or confidential information may be handled.
Dismissal and termination procedures
There are three unilateral termination procedures, as follows.
The contract can be terminated by the employer or the employee with notice.
The contract can be terminated by both parties without notice on grounds of major importance.
The contract can be terminated by both parties without notice and without grounds of major importance but on payment of a compensatory indemnity.
Dismissals are also limited in the following cases.
Workers cannot be dismissed during the first six months of sick leave.
During pregnancy: protection against dismissal for pregnant women becomes valid as soon as the employer is informed of the pregnancy and until the end of the first month following the end of maternity leave. Dismissals are authorised when the dismissal is motivated by reasons other than the pregnancy.
Employee representatives cannot be dismissed unless on grounds of major importance or for economic or technical reasons.
Parental, maternity and paternity leave
Belgian laws set out provisions for parental, maternity and paternity leave. Paternity leave remains a lot shorter than maternity leave; however, it has recently (as of 1 January 2023) been increased to 20 days.
Statutory leave arrangements
Maternity leave | |
Maximum duration | Maternity leave can begin a maximum of six weeks before the expected date of the birth (leave before the birth is the prenatal leave, which can be extended to eight weeks in the case of a multiple birth). Five of these six weeks are optional and can be carried over to the postnatal leave. Only the week before the expected birth date is regarded as mandatory leave. After the birth, postnatal leave is a minimum of 9 weeks and a maximum of 17 weeks (if time is carried over from the prenatal leave). This postnatal leave can be extended to 19 weeks in the case of a multiple birth. Other extension mechanisms exist for particular cases. |
Reimbursement | During the maternity leave, the employee’s income is paid by the mutual insurance system. For the first 30 days, the amount is based on 82% of the gross salary with no upper threshold. Afterwards, the amount cannot exceed 75% of the gross salary. In the public sector, the full salary is paid for the entire duration of maternity leave. |
Who pays? | The insurance committee of the National Sickness and Disability Insurance Institute (Institut national d’assurance maladie-invalidité/Rijksinstituut voor zieke- en invaliditeitsverzekering, INAMI/RIZIV) is responsible for paying maternity leave allowance. In many cases, mutual funds play an intermediary role in the payment of maternity leave allowance. |
Legal basis | Articles 111–117 of the Consolidated Act of 14 July 1994 concerning the healthcare and sickness insurance scheme. |
Parental leave | |
Maximum duration | Parental leave is a temporary reduction of working time by a fifth or half, or not working for four months, before the child is 12 years old (21 for disabled children). |
Reimbursement | Reduction of working time by half: €299.03 per month (gross without seniority years). Reduction of working time by a fifth: €192.62 per month for cohabiting parents (gross without seniority), €254.13–260.23 per month for single parents (depending on number of children). Temporary break of work (4 months): €598.08 per month (gross without seniority). |
Who pays? | The salary is replaced by benefits from the National Office of Employment (Office national de l’Emploi/ Rijksdienst voor Arbeidsvoorziening, ONE/RVA). |
Legal basis | Royal Decree of 29 October 1997 on parental leave, modified by several royal decrees in 1998, 1999, 2002, 2005 and 2012. |
Paternity leave | |
Maximum duration | Paternity leave is 20 days during the first four months after the birth. |
Reimbursement | For the first three days, there is no change in salary. For the remaining seventeen days, the mutual fund pays 82% of the usual gross salary. |
Who pays? | The insurance committee of INAMI/RIZIV is in charge of paternity leave allowance. In many cases, mutual funds play an intermediary role by paying paternity leave allowance. |
Legal basis | Article 30 of Law of 3 July 1978. |
Sick leave
All workers or unemployed people, no matter what their age, who are temporarily sick or disabled have the right to receive sickness benefits or disability benefits. The amount of sickness benefits varies according to usual wage, length of sickness and whether the employee has any dependants. For self-employed people, it is a fixed amount.
The level of benefits payable is different for blue-collar workers, white-collar workers and unemployed people.
For blue-collar workers, the first 14 days are paid by the employer (at their usual salary level). From the 15th day, the mutual insurance system takes charge of the sickness benefits. For white-collar workers, the employer pays the first month of sickness benefits (based on their usual salary). After a month, the mutual fund takes over the payment of the benefits. Finally, unemployed people receive an amount of sickness benefits equal to the unemployment benefits they usually receive.
From the second month to the sixth month, blue- and white-collar workers receive 60% of their usual gross wage. From the 7th to the 12th month, the distribution of sickness benefits depends on the type of work contract and the familial situation. The table below shows the minimum sickness benefits.
Minimum sickness benefits
Full-time jobs (per day) | Part-time jobs (per day) | |
Head of household | €73.10 | €63.11 |
Living alone | €58.21 | €46.70 |
Cohabitant | €49.91 | €46.70 |
Retirement age
In Belgium, the legal retirement age is 65, with exceptions for miners, sailors, people in the military and pilots (in these cases it is 55 or 60 depending on the arduousness of the job and the number of years worked). In addition, many provisions set early retirement minimum ages that depend on how many years someone has worked. There is no gender difference.
Retirement age information, 2012–2023
Year | Minimum age | Number of years worked | Exceptions for long careers |
2012 | 60 | 35 | Not available |
2013 | 60.5 | 38 | Age 60 for those who have worked for at least 40 years |
2014 | 61 | 39 | Age 60 for those who have worked for at least 41 years |
2015 | 61.5 | 40 | Age 60 for those who have worked for at least 40 years |
2016 | 62 | 40 | Age 60 for those who have worked for at least 42 years Age 61 for those who have worked for at least 41 years |
2017 | 62.5 | 41 | Age 60 for those who have worked for at least 43 years Age 61 for those who have worked for at least 42 years |
2018 | 63 | 41 | Age 60 for those who have worked for at least 43 years Age 61 for those who have worked for at least 42 years |
2019 | 63 | 42 | Age 60 for those who have worked for at least 44 years Age 61 for those who have worked for at least 44 years |
2020 | 63 | 42 | Age 60 for those who have worked for at least 44 years Age 61 for those who have worked for at least 43 years Age 62 for those who have worked for at least 43 years |
2021 | 63 | 42 | Age 60 for those who have worked for at least 44 years Age 61 for those who have worked for at least 43 years Age 62 for those who have worked for at least 43 years |
2022 | 63 | 42 | Age 60 for those who have worked for at least 44 years Age 61 for those who have worked for at least 43 years Age 62 for those who have worked for at least 43 years |
2023 | 63 | 42 | Age 60 for those who have worked for at least 44 years Age 61 for those who have worked for at least 43 years Age 62 for those who have worked for at least 43 years |
As set out in a 2014 governmental agreement, the government will extend the legal retirement age to 67 years in the future in an incremental manner: it will be increased to 66 in 2025 and 67 in 2030.
