Belgium

Employees in Belgium typically work eight hours daily, Monday to Friday, totalling 38-40 hours per week. It is illegal to work for more than 11 hours a day and 48 hours a week. 

Overtime must be paid for employees working more than 38 hours a week. Overtime on weekdays is generally paid at 50% above the normal rate. On Sundays and holidays, overtime is paid at double time. Pregnant employees are forbidden from working overtime.

Probationary periods do not exist in Belgium and haven’t since 2014. They were replaced by shorter notice periods in the first year of the employee's contract.

Indefinite employment agreements are generally terminated through serving a notice period or the payment of an indemnity in lieu of notice.

Belgium notice periods vary based on seniority. Because there’s no probationary period, notice periods in Belgium were made to be shorter for employees in the first 6 months. Notice periods by seniority are as follows:

• Up to three months of seniority: One week notice for employers; one week notice for employees
• More than four months: Three weeks for employers; two weeks for employees
• More than five months: Four weeks for employers; two weeks for employees
• More than six months: Five weeks for employers; two weeks for employees
• Six to nine months: Six weeks for employers; three weeks for employees
• Nine to 12 months: Seven weeks for employers; three weeks for employees
• 12 to 15 months: Eight weeks for employers; four weeks for employees
• 15 to 18 months: Nine weeks for employers; four weeks for employees
• 18-21 months: 10 weeks for employers; 5 weeks for employees
• 21-24 months: 11 weeks for employers; 5 weeks for employees
• Two years: 12 weeks for employers; six weeks for employees
• Three years: 13 weeks for employers; six weeks for employees
• Four years: 15 weeks for employers; seven weeks for employees
• Five years: 18 weeks for employers; eight weeks for employees
• Six years: 21 weeks for employers; 10 weeks for employees
• Seven years: 24 weeks for employers; 12 weeks for employees
• Eight years: 27 weeks for employers; 13 weeks for employees
• Nine years: 30 weeks for employers; 13 weeks for employees
• 10 years: 33 weeks for employers; 13 weeks for employees

In Belgium, notice must be given in writing and specify the start date and the length of the notice period. If the contract is terminated by the employer, notice must be served by registered mail. It’s also important that notice is given in the correct language. 

If the employment contract is terminated with the payment of an indemnity in lieu of notice, no specific formalities need to be complied with.

Non-compete clauses in Belgium are strictly regulated, must be in writing, and cannot exceed 12 months in length. They cannot be imposed on employees making less than €35,761 per year at the time of termination of the contract.

For employees earning between €35,761 and €71,523 per year, the clause is only valid if a collective agreement has been concluded that indicates the positions for which a non-compete clause can be applied.

For employees earning more than €71,523, the clause is always valid except for the functions excluded by collective agreement.

Non-compete agreements also provide for a compensatory payment by the employer if, within 15 days after the end of the employment contract, the employer does not waive the effective application of the non-competition clause. The minimum amount of this payment is equal to half the employee's gross pay corresponding to the period of application of the clause.