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Hiring and firing in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe are governed mainly by Belgian federal employment law, complemented by collective labour agreements and Brussels-Capital Region rules. The municipality is bilingual French - Dutch, which affects the language of employment documents and certain administrative steps. Day-to-day employment matters will follow national statutes such as the Employment Contracts Act, collective agreements that apply to your sector, and Brussels-specific language and regional employment services rules.
Whether you are an employer or an employee, you should expect formalities around contracts, social security, right-to-work checks, and notice or severance at termination. Many processes are technical and deadline-driven, and errors can lead to costly disputes before the Brussels Labour Tribunal.
People seek legal help with hiring and firing for many reasons. Employers often need support drafting compliant contracts, setting up work rules, selecting the correct joint committee and minimum pay, implementing telework or monitoring policies, or handling complex dismissals, reorganisations, or collective redundancies. Employees often need advice on dismissal rights, notice or indemnity calculations, outplacement, non-compete clauses, discrimination or harassment, and the language and validity of documents.
Legal advice is especially valuable when you plan to terminate for serious cause, when a worker is protected because of pregnancy or union role, when you are dealing with long-term illness, when you intend to use successive fixed-term contracts, when you hire non-EEA nationals, or when the dismissal could be considered manifestly unreasonable. In Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, bilingual rules also mean you may need guidance on which language to use for individual and collective employment documents.
Hiring basics. Before an employee starts, the employer must register the employment with social security through the Dimona declaration, ensure the right to work and residence, and apply the correct joint committee for sectoral pay and benefits. For non-EEA nationals, a single permit or work permit may be required. Belgian language laws apply to employment documents. In the Brussels-Capital Region, individual employment documents must be drawn up in the language of the worker, while collective documents must be bilingual French - Dutch. Employers must adopt written work rules that cover schedules, overtime, discipline, leave, and procedures, and deposit them with the competent authority. Privacy and monitoring require respect of GDPR and collective agreements, including rules for camera surveillance and IT monitoring. Structural telework must follow collective agreement requirements on equipment, costs, scheduling, and performance monitoring.
Contracts. Probationary periods were abolished for standard open-ended contracts, with limited exceptions for temporary agency work and student work. Fixed-term, part-time, student, and agency contracts have specific formalities. Repeated fixed-term contracts are restricted and can be requalified as an open-ended contract if misused. Non-compete and non-solicitation clauses are tightly regulated. In most cases, a non-compete must be in writing at the start, limited in time and scope, respect salary thresholds, and may require the employer to pay a financial compensation during the restriction. Employers can often waive the clause within a short period after termination to avoid paying that compensation.
Working time and pay. Standard full-time work is generally 38 hours per week, with sectoral variations. Overtime is limited and compensated by pay and or time off, subject to exceptions. Minimum pay, premiums, meal or eco vouchers, and extra allowances are often fixed by sectoral collective agreements. Health and safety obligations include risk assessments and, for some roles, pre-employment or periodic medical exams.
Firing basics. Termination must follow strict form and timing rules. Most open-ended contracts can be ended by notice or by paying an indemnity in lieu of notice. Notice periods depend mainly on length of service under the unified status rules and start on the Monday following the notice. A dismissal for serious cause requires swift action and precise written notification within strict working day deadlines. At the end of the contract, the employer must provide statutory social documents so the worker can claim unemployment benefits, including the C4 form.
Dismissal motivation and fairness. Under collective agreement no. 109, an employee can request the reasons for dismissal in writing within a short deadline. The employer must respond in writing, and if the dismissal is manifestly unreasonable, a judge can award an indemnity within a defined range. Failure to provide reasons when requested can trigger a civil penalty. These rules apply in addition to discrimination protections. Dismissals linked to protected grounds such as pregnancy, trade union activity, origin, disability, religion, age, or whistleblowing can lead to significant penalties and reinstatement risks.
Protected employees. Employee representatives in the works council or the committee for prevention and protection at work, pregnant or recently returned mothers, and certain other categories enjoy special protection against dismissal and require specific procedures. Breaches can lead to substantial additional indemnities.
Outplacement. Employees who receive a notice or indemnity equal to or above a defined threshold have a right to outplacement. In practice, this generally applies where the notice period reaches 30 weeks or more. There is also a special system for some older dismissed employees. When paying an indemnity in lieu, a portion corresponding to the outplacement value can be set off if outplacement is offered correctly.
Collective redundancy and business transfer. Collective dismissals and closures trigger information and consultation duties under the Renault law and, in Brussels, mandatory notifications to the regional employment service. A transfer of undertaking is governed by collective agreement no. 32bis, which protects employment contracts and acquired rights when an economic entity transfers to a new employer.
Illness and incapacity. Employers pay a period of guaranteed salary at the start of incapacity, with rules that differ by worker category. Dismissal during sickness is not automatically illegal, but the reason must be unrelated to the illness and carefully documented. Belgium updated procedures around long-term incapacity and medical force majeure, and employers must follow the applicable pathway with the occupational physician.
Language and courts. In Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, you must respect the Brussels language regime for employment documents. Employment disputes are heard by the Brussels Labour Tribunal. Proceedings can be conducted in French or Dutch according to procedural language rules, and this choice has consequences, so get advice before filing.
Open-ended full-time contracts can be concluded orally, but a written contract is strongly recommended to set essential terms such as function, place of work, working time, confidentiality, bonuses, and any permitted covenants. Written form is mandatory for part-time work, fixed-term work, student work, telework arrangements, and agency work, among others.
Notice periods are set by statute and depend mainly on seniority. They are counted in weeks and begin on the Monday following notification. Employers can either let the notice run or pay an indemnity in lieu equal to the salary and benefits for the notice period. Because the schedule is technical and differs for pre-2014 seniority, use an official calculator or get legal advice before acting.
Belgian law allows termination without cause for open-ended contracts, but the employee can request the written reasons under collective agreement no. 109 within a short deadline. If the dismissal is manifestly unreasonable, the court can grant an indemnity between a statutory minimum and maximum. If you fail to provide reasons when duly requested, a civil penalty may apply.
An employee typically has two months from notification of dismissal to request the reasons in writing. The employer then has two months to reply with the reasons. Missing these deadlines affects rights and potential penalties, so act quickly.
Serious cause is a grave breach that makes any further collaboration immediately and definitively impossible. The employer must dismiss within a very short time after learning the facts and must send a registered letter detailing the reasons within strict working day limits. Because the timeline is measured in working days and mistakes are costly, obtain urgent legal advice before proceeding.
Probationary periods in standard open-ended contracts were abolished. Limited trial periods still exist for student work and temporary agency work under specific rules. Employers should use other tools such as clear performance objectives and regular reviews.
Yes, but only if strict conditions are met. The clause must be in writing at the latest on the start date, be limited in time and scope, target similar activities, and respect salary thresholds. In many cases the employer must pay a non-compete indemnity during the restriction, and can waive the clause within a short period after termination to avoid paying. Special rules exist for sales representatives and for international or sector-specific clauses.
Collective dismissals trigger information and consultation obligations with employee representatives, specific timelines, and notifications to the Brussels regional employment service. Thresholds depend on company size and the number of proposed dismissals within a reference period. No terminations can occur until the information and consultation phase is complete. The rules also apply in closures.
In the Brussels-Capital Region, individual employment documents must be drafted in the language of the worker, French or Dutch. Collective documents that apply to the workforce must be bilingual. Using the wrong language can lead to administrative sanctions and nullity of documents, so check the regime before issuing contracts or notices.
The employer must deliver the C4 unemployment form, a holiday certificate, tax forms, and any other sector-mandated attestations. If outplacement is due, the employer must make a timely offer and provide practical details. The final pay should include salary up to the end of the contract, pay in lieu of notice if applicable, accrued holiday pay according to status, and prorated variable pay as required.
Federal Public Service Employment, Labour and Social Dialogue, which issues guidance and receives work rules. National Social Security Office for Dimona and employer registration. National Employment Office for unemployment matters and the C4 form. Actiris, the Brussels regional employment service, for collective dismissals and regional employment support. Brussels Labour Tribunal for disputes. Sectoral joint committees and recognised social secretariats for payroll and sector rules. Trade unions such as FGTB - ABVV, CSC - ACV, and CGSLB - ACLVB, and employer federations such as FEB - VBO and BECI for sector guidance and assistance.
If you need legal assistance, start by gathering core documents. Collect contracts and amendments, work rules, any applicable collective agreement references, attendance or performance records, correspondence, medical or occupational health reports where relevant, and drafts of any notice letters. For employees, keep pay slips and any messages about the dismissal. For employers, verify the correct joint committee and sector rules.
Check deadlines immediately. Some rights must be exercised within days or weeks, such as serious cause notifications or requests for dismissal reasons. Outplacement offers also have formal timing. Missing a deadline can limit your options.
Consult a Belgian employment lawyer familiar with Brussels language rules and local practice before you act. Ask for a risk assessment, a calculation of notice or indemnity, and a compliance checklist covering language, form, and content of documents. If you are an employer, coordinate with your social secretariat so payroll and social documents align with the legal strategy.
Consider non-contentious solutions. Well-structured settlement agreements can resolve disputes efficiently. In Brussels, be attentive to the choice of procedural language if litigation is necessary, and prepare evidence accordingly.
Finally, implement preventive measures. For employers, update work rules, telework and monitoring policies, and dismissal protocols. For employees, seek early advice at the first sign of conflict so you understand your rights and obligations under Belgian and Brussels-specific rules that apply in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe.
