How to hire in Belgium through an EOR

Fixed-term contracts in Belgium must be in writing, or they automatically convert to indefinite contracts. This catches a lot of companies off guard, especially when hiring remotely.

Contract types

Open-ended contracts are the default in Belgium and the most common choice for ongoing roles. They don't need renewing and keep things straightforward for both sides.

Stick with open-ended contracts unless you have a genuine temporary need. Chaining fixed-term contracts incorrectly can result in indefinite status and importantly higher termination costs.

What has to be in the contract

Not every contract needs to be written. Open-ended contracts can be verbal. But fixed-term, part-time, specific-assignment, and replacement contracts all need to be in writing.

Draft the contract in the official language of the work location: Dutch in Flanders, French in Wallonia, German in the German-speaking area, or French or Dutch in Brussels based on the employee's choice. You can add an English translation, but it's non-binding.

The contract should include the start date, place of work, job function, salary (at least the sector or guaranteed minimum), working hours, and an end date if it's fixed-term. Probation periods are rare in Belgium and must be explicitly stated if used, typically running 1 to 3 months.

Clauses covering non-compete obligations, training costs, or remote work arrangements also need to be in writing. Anything not addressed in the contract defaults to Belgian law or the relevant collective agreement.

Contractor vs employee

Belgium looks at how the work actually operates, not what the contract says. Courts assess subordination: does the worker follow your instructions, use your tools, work within your team structure, and receive fixed pay? If the answer is yes, they're likely an employee.

Misclassification is expensive. You could owe back social security contributions (around 35% on the employer side), taxes, paid leave, notice periods, and holiday pay. Fines run from €400 to €8,000 per violation, and criminal penalties are possible. Workers can also claim years of benefits retroactively, and courts tend to side with them.

Non-compete clauses are only enforceable after termination if the employee's salary exceeds €83,939 gross annually (or €41,969 for workers under 25 in 2024). You'll need to compensate the employee at 50% of salary, cap the restriction at 12 months, limit it to the geography where they worked, and show it protects a genuine business interest. Without those conditions, the clause is void.

IP assignment needs to be written into the contract. Employees own their inventions by default unless the contract says otherwise and includes fair compensation. For contractors, get explicit written assignment. For employees, ownership typically defaults to the employer when it's covered in the contract.

If you're unsure about classification, document the contractor's independence early: their own tools, multiple clients, and control over how they work. And if you want to avoid compliance risk altogether, using an EOR takes most of this off your plate.

Belgium requires 10 paid public holidays on top of annual leave. That's already a high bar, but if you want to attract and keep good people, you'll need to go further.

Time off

Full-time employees get 20 days of paid annual leave on a five-day workweek, or 24 days on a six-day schedule. It accrues at two days per full month worked in the prior year, pro-rated for part-timers. Employees must take it within the calendar year, though under 2024 rules, illness-related carryover is allowed up to 24 months from year-end.

Public holidays add 10 paid days. If a holiday falls on a non-working day like Sunday, you owe a replacement rest day. Holidays that land during annual leave don't count against it.

All leave types

Here's what the law requires. Depending on the leave type, pay comes from you, social security, or health funds. Job protection applies across the board unless noted.

Mandatory benefits

You're required to withhold and pay social security contributions: 25% employer share, 13.07% employee on gross salary (2024 rates). This covers full medical coverage through mutual health funds and a state pension that builds over an employee's career.

A private pension isn't required, but many employers add one. A few other mandates are worth knowing: meal vouchers (you contribute ~1.09 EUR per working day, with no extra cost to the employee), eco-vouchers (up to 250 EUR/year, tax-free), and public transport reimbursement, which is often 100% of a season ticket under sector agreements.

What people actually expect

The legal floor is high, but offering just the minimum won't help you compete for good candidates. Most employees expect 25-30 annual leave days in total, including extras from collective agreements. Private health insurance is common too, topping up state coverage for faster specialist access and dental.

Remote work stipends of 20-50 EUR/month for internet and home office costs are increasingly standard. Company cars or mobility budgets are the norm in most sectors. Meal vouchers and eco-cheques aren't optional in practice; candidates notice when they're missing.

Flexible hours, additional parental leave, and mental health days are now fairly expected. If you're hiring for senior or technical roles, factor in 13th-month pay (paid twice yearly) and performance bonuses. Packages that only meet legal minimums tend to raise questions. Aiming around 20% above the legal baseline puts you in a much stronger position.

Belgium is employee-friendly when it comes to termination, but probably not in the way you'd expect. You can let someone go without cause, without going to court, and without proving misconduct. The catch: it's expensive, and the longer someone's been with you, the more it costs. Get the process wrong or fail to justify the decision, and you'll owe extra compensation on top of the notice period payout.

Firing someone: what's actually allowed

There's no legal requirement to have "just cause" to terminate an employee in Belgium. You don't need to prove poor performance, misconduct, or business necessity. You can dismiss someone for personal reasons, economic reasons, or no stated reason at all. No court approval, no formal hearing.

But here's where it gets more complicated: if an employee has more than 6 months of seniority and formally requests written justification for their dismissal, you must provide it. Your explanation needs to show that the termination was based on either the employee's conduct or performance, or on legitimate business needs, and that a reasonable employer would have made the same call in similar circumstances. If your justification doesn't hold up, the dismissal can be classified as "clearly unreasonable," and you'll owe additional compensation of 3 to 17 weeks of salary on top of the notice period payout.

Certain employees are protected categories (union representatives, pregnant workers, workers on parental leave), but even then, non-compliance means a financial penalty, not a block on dismissal. There's no reinstatement right in Belgium. The sanction is always money.

Notice periods: the real cost of termination

This is where Belgium's employee protections really show up. Notice periods scale with seniority and can run into months or years. For contracts signed before April 1, 2026, there's technically no cap. For new hires from April 1, 2026 onward, the maximum notice period is capped at 52 weeks once an employee reaches 17 years of seniority.

You have two options: observe the notice period (the employee keeps working and getting paid), or terminate immediately and pay compensation in lieu of notice (the employee gets paid for the notice period they didn't work).

Notice periods are asymmetrical. Employees always give 8 weeks' notice when they resign (after the first 3 months), but employers give much longer notice for tenured staff. If an employee resigns and wants to leave early, they can pay you compensation for the unworked portion of their notice period, but in practice this rarely happens.

Severance and compensation in lieu of notice

When you terminate immediately rather than observing the notice period, you must pay compensation in lieu of notice. This isn't a one-time severance package. It's calculated as the full remuneration the employee would have earned during the applicable notice period, including base salary, bonuses, benefits, and any other recurring contractual pay.

There's no separate "severance" formula in Belgium in the traditional sense. The cost of termination is the cost of the notice period you're buying out. For a 10-year employee with a 12-week notice period earning €3,000 per month, you're looking at roughly €9,000 in compensation in lieu of notice, plus any additional compensation if the dismissal is deemed unreasonable.

If you terminate for medical reasons after 6 months of uninterrupted sick leave (recently reduced from 9 months), the process is simplified and you don't owe the full notice period. You still owe compensation based on what the law specifies for that scenario.

Work permits and visas for foreign hires

Belgium doesn't have a dedicated digital nomad visa. Foreign nationals need either a work permit or a residence permit tied to employment.

If you're hiring through an EOR, the EOR becomes the legal employer and handles work permit sponsorship on your behalf. This is the standard approach for hiring non-EU nationals. The EOR will manage the application, which typically takes 4 to 8 weeks depending on the employee's nationality and the specific permit category.

EU/EEA citizens don't need a work permit as they have freedom of movement. Non-EU nationals need either a work permit (for skilled workers, intra-company transfers, or shortage occupations) or a residence permit for self-employed or business purposes. Belgium uses a points-based system for some categories, factoring in education, language skills, and salary level.

An EOR can sponsor work permits, but eligibility depends on the employee's role, salary, and qualifications. Your EOR will advise on which permit category applies and handle the paperwork with Belgian immigration authorities.

Recent changes and what's coming

As of January 1, 2026, Belgium tightened sick leave and reintegration rules. Employees can now be absent without a medical certificate only twice per calendar year, down from three times. More importantly, employers with 20+ employees must launch a formal reintegration procedure within 6 months if an employee has been on sick leave for 8 weeks and has work potential. Non-compliance carries significant financial penalties.

A draft law deposited in February 2026 will further reshape termination law if it passes. Beyond the notice period cap for new hires, it includes changes to night work rules and part-time work minimums. Less directly relevant to termination, but worth tracking.

Belgium also introduced a "right to rebound" starting March 2026, which reduces unemployment sanctions for workers with long careers who resign. This doesn't affect your hiring directly, but it reflects Belgium's broader push toward encouraging career mobility.

Data protection is governed by GDPR and Belgium's implementing legislation. You'll need to be careful about what employee data you collect, store, and share with your EOR. Collective bargaining agreements are common in Belgium and may apply to your hire depending on the industry and company size. Your EOR will flag this during onboarding.