This Model Employment Contract serves as a foundational template for establishing employment relationships under Belgian law. It is designed for use when hiring new employees or formalizing existing employment relationships in Belgium, incorporating all mandatory provisions required by Belgian labor legislation, including the Employment Contracts Act of 1978, collective labor agreements, and social security regulations. The document provides a balanced framework that protects both employer and employee interests while ensuring compliance with Belgian employment law requirements regarding working hours, remuneration, benefits, notice periods, and other essential employment terms. It is structured to be easily customizable for different positions and sectors while maintaining its legal validity within the Belgian jurisdiction.
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1. Parties: Identification of the employer and employee with complete legal details including registration numbers
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the contract
4. Function and Duties: Detailed description of the employee's role, responsibilities, and reporting lines
5. Duration and Start Date: Specification of whether the contract is fixed-term or indefinite, and the commencement date
6. Work Location: Primary workplace location and any flexibility arrangements
7. Working Hours: Standard working hours, schedule, and potential overtime arrangements
8. Remuneration: Base salary, payment frequency, and method of payment
9. Benefits: Standard benefits package including holiday entitlement, meal vouchers, and other standard benefits
10. Social Security and Tax: Confirmation of social security registration and tax arrangement responsibilities
11. Confidentiality: Obligations regarding company confidential information
12. Intellectual Property: Assignment of work-related IP rights to the employer
13. Data Protection: GDPR compliance and personal data processing provisions
14. Notice Period: Notice requirements for termination as per Belgian law
15. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Company Car: Terms for provision and use of company car - include when this benefit is offered
2. Stock Options: Details of any stock option or share schemes - include for senior positions or when applicable
3. Non-Compete Clause: Post-employment competition restrictions - include for senior roles or sensitive positions
4. Home Working: Terms for remote working arrangements - include when telework is permitted
5. International Travel: Terms for international assignments or travel - include for roles requiring travel
6. Training Requirements: Specific training obligations and commitments - include when specialized training is required
7. Sales Commission: Commission structure and calculation - include for sales positions
8. Language Requirements: Specific language requirements for the role - include when language skills are essential
9. Flexible Benefits: Cafeteria plan or flexible benefits options - include when offering choice in benefits
10. On-Call Duties: Terms for on-call availability - include for roles requiring standby duties
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Compensation Details: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Key company policies that form part of the employment contract
4. Schedule 4 - Work Regulations: Reference to or excerpt from company work regulations as required by Belgian law
5. Schedule 5 - Benefit Plans: Details of applicable benefit plans and insurance coverage
6. Appendix A - Code of Conduct: Company code of conduct and ethical guidelines
7. Appendix B - IT Policy: Rules and guidelines for use of company IT systems
8. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement
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