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. Source: European Union © European Communities, 1995-2009
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 TOPICS
Sign up for our newsletter Home About Belgium Education
Work in Belgium Entertainment Housing Transport Family & Health Brussels Studies Directory Contact us© Copyright 2009-2012 Expatis Media Group - All rights reserved - Contact us:
info@expatis.be