In Belgium, salaried employment relationships are governed mainly by the Employment Contracts Act of 3 July 1978. Since the Act of 26 December 2013 on the « single status » (in force on 1 January 2014), notice-period rules for manual workers and salaried employees have been brought closer together, although the two statuses still exist. Several contract types coexist.
The permanent contract (indefinite term)
The indefinite-term contract is the default rule: if the parties have agreed nothing, or if the conditions for another contract type are not met, the contract is deemed to be concluded for an indefinite term. In principle it requires no formality and may even be concluded orally, although a written document is strongly recommended.
The fixed-term contract
A fixed-term contract is concluded for a defined period and ends automatically at its term, without notice. In principle it must be set out in writing for each worker, at the latest when they enter service; failing this, it is deemed to be of indefinite term. Concluding successive fixed-term contracts is, save for exceptions, restricted to prevent abuse.
The contract for clearly defined work
Here it is not a duration but a specific task that delimits the contract. Like the fixed-term contract, it must be drawn up in writing at the latest on entry into service, otherwise it is presumed to be of indefinite term.
The replacement contract
This allows a worker whose contract is suspended (illness, leave…) to be replaced, for a reason other than lack of work or a strike. A written contract is mandatory before entry into service, stating in particular the reason for the replacement and the identity of the replaced worker.
Temporary agency work
Agency work rests on a triangular relationship: the temporary-work agency (the sole legal employer), the agency worker and the user company. Only licensed agencies may organise it, solely for temporary work falling within legally defined grounds (replacement, temporary increase in workload, exceptional work, insertion…). The equal-treatment principle requires pay at least equivalent to that of a directly hired worker. This regime falls under the Act of 24 July 1987 and collective agreement No. 108.
Many arrangements (bonuses, seniority, derogations) vary according to sector-level collective agreements; when in doubt, it is prudent to refer to the FPS Employment or your joint committee.