Legal Rights of Belgian Employees: Complete Guide 2024

Each year, trade unions and employers' organisations negotiate the guaranteed average minimum monthly income (GGMMI) within the National Labour Council. Since 1 April 2024, that minimum amount stands at €2,029.88 gross per month for a full-time employee over the age of 21 with at least six months' seniority.

This is an amount that — in theory — no employer may fall below. However, it is important to note that the national minimum wage is merely a floor. In most sectors, sectoral minimum wages set by collective labour agreements (CLAs) are considerably higher.

The construction sector, the chemical industry, and the financial sector, for example, all apply their own pay scales, which are binding on every employer falling under the relevant joint committee. It is therefore always worth consulting your sector's joint committee — your employer is legally obliged to comply with those sectoral minima.

What if your wage is too low?

If you discover that you are being paid below the sectoral or national minimum wage, you have several options:

• Complaint to the Social Inspectorate (FPS Employment), which can inspect your employer and impose sanctions.
• Recovery through the Labour Tribunal — with retroactive effect of up to five years, on the basis of Article 15 of the Wage Protection Act of 12 April 1965.
• Legal assistance: a solicitor specialising in employment law can help you assess the strength of your case.

A specialist employment solicitor can help you enforce your legal right to correct pay.

Your employer has just dismissed you. The shock is there, and so are the questions: was this dismissal lawful under Belgian employment law? Are you entitled to more? And what happens now?

In Belgium, dismissal is in principle permitted freely — but that freedom is not unlimited. The Act of 3 July 1978 and the Act of 26 December 2013 (the Single Statute Act) lay down clear rules.

Notice periods: your financial safety net

Since 2014, the same notice periods apply to both white-collar and blue-collar workers, calculated on the basis of total seniority with the employer. When dismissed by the employer:

• 0–3 months: 1 week
• 3–6 months: 3 weeks
• 6–9 months: 4 weeks
• Per full year thereafter: 3 additional weeks (up to 62 weeks with 20+ years' seniority)

Instead of requiring you to work out your notice period, your employer may pay you a severance payment equivalent to the salary for that period.

When is a dismissal invalid?

A dismissal is irregular if the correct procedure was not followed. A dismissal is manifestly unreasonable (Art. 8 CLA No. 109) when:

• The reason is unrelated to your conduct or the operational needs of the business
• A reasonable employer would never have taken such a decision

You are entitled to an additional award of 3–17 weeks' pay on top of the severance payment.

Protected dismissals

Are you a trade union representative, incapacitated for work, pregnant, or a whistleblower? Special procedures apply in these cases — a breach of these rules can result in significantly higher sanctions.

Step by step after dismissal

1. Receive the dismissal letter/form and keep it carefully
2. Verify the notice period based on your seniority
3. Request the reason for dismissal within 2 working days (a right after 6+ months of service)
4. Submit your unemployment benefit claim to the RVA/ONEM
5. Consult an employment solicitor if you have doubts about the validity of the dismissal

Knowing your rights is one thing — being able to enforce them effectively is another. Fortunately, Belgium has an extensive network of institutions that support employees.

The Labour Tribunal: your first port of call

Disputes between employees and employers are decided by the Labour Tribunal — a specialist court in every judicial district. You can bring claims here for:

• Unpaid wages
• Irregular dismissal
• Discrimination
• Occupational accident damages
• Disputes concerning social security benefits

The procedure is relatively accessible: you may represent yourself, although a solicitor will improve your prospects. Appeals are heard by the Labour Court of Appeal. In cassation, you may apply to the Court of Cassation.

The administrative route: Social Inspectorate and Unia

Not every employment dispute need go through the courts. The Social Inspectorate of the FPS Employment can visit your employer, carry out inspections, and impose sanctions — without you having to go to court. You can lodge a complaint free of charge via werk.belgie.be.

For discrimination disputes:

• Unia (interfederal body)
• Institute for the Equality of Women and Men (gender discrimination)

Both bodies can mediate, provide advice, and in extreme cases intervene in legal proceedings themselves.

Trade unions and mutual health funds: your day-to-day support

The three major trade unions — CSC/ACV, FGTB/ABVV, and CGSLB/ACLVB — offer members legal assistance in employment disputes, help with unemployment benefit applications, and negotiate CLAs. Are you a member? Contact your trade union as a first step in any dispute.

Legal aid and legal expenses insurance

Unable to afford a solicitor?

• Legal expenses insurance: often covered under your household or legal protection policy
• Legal aid: assigned through the legal aid office in your judicial district — free of charge or at a reduced rate

Not sure which route to take? An employment solicitor specialising in Belgian employment law will discuss your situation in complete confidence.