Work Rules in Belgium: Employer Obligations and Required Content

In Belgium, every employer who takes on at least one employee must draw up work rules. This obligation, set out in the law of 8 April 1965 establishing work rules, is a matter of public order and cannot be avoided. The work rules are the reference document that organises working conditions within the business. This article details the legal obligations, the mandatory content, the drafting procedure and the penalties for non-compliance.

Legal framework

Applicable legislation

Who is affected?

Every employer with staff bound by an employment contract must draw up work rules. This includes:

• Commercial companies (SRL, SA, SC, etc.)
• Non-profits (ASBL) and foundations
• Liberal professions that employ staff
• Foreign companies with employees in Belgium
• The public sector (with specific adaptations)

Exception: people employing only domestic staff in a private capacity are not subject to the law, nor are family members of the business owner working under their authority.

Mandatory content of work rules

The information required by the law of 8 April 1965

Article 6 of the law lists the mandatory information that work rules must contain:

1. Working hours

• The hours for each category of employee
• The start and end times of the working day
• Breaks and rest periods
• The applicable part-time working arrangements
• Flexible working hours (if applicable), with their limits
• The reference framework for calculating compliance with working time limits

2. Methods for measuring and monitoring work

• The time-recording system (clocking machine, badge reader, electronic system)
• The procedures for checking work performed

3. Pay

• The method, timing and place of payment
• The payment frequency (monthly, twice-monthly)
• The bank account number into which the salary is paid (or how to provide it)

4. Notice periods and serious misconduct

• The applicable notice periods, or a reference to the statutory provisions
• A list of acts constituting serious misconduct justifying immediate dismissal without notice (this list is indicative, not exhaustive)

5. Rights and obligations of supervisory staff

If the business employs supervisory or management staff, their specific rights and obligations must be stated.

6. Disciplinary sanctions

• The types of sanction that apply (written warning, reprimand, suspension, fine)
• The breaches that can lead to these sanctions
• The disciplinary procedure (the right to be heard, notification deadlines)
• Fines cannot exceed one-fifth of daily pay, and the amount is paid into a fund for the benefit of employees (article 17 of the law)

7. Employee appeals

• The internal appeal procedures in the event of a disciplinary sanction
• The contact details of the competent labour inspectorate

8. Annual leave

• The arrangements for granting annual leave
• The collective holiday period (if applicable)
• The procedure for requesting individual leave

9. First aid

• The location of the first-aid kit
• The names of the designated first-aiders
• The contact details of the external prevention and protection service (SEPP)

10. Labour inspectorate contact details

• The address of the Regional Directorate for the Supervision of Social Laws of FPS Employment, Labour and Social Dialogue with jurisdiction over the business

Additional mandatory information under other legislation

11. Well-being at work (law of 4 August 1996)

• The prevention policy on psychological harassment, sexual harassment and violence at work
• The contact details of the prevention adviser and the trusted person
• The internal complaints procedure

12. Data protection (GDPR)

Since the GDPR, it is recommended to include in the work rules, or in an annex:

• The employee data protection policy
• The rules for using IT tools (email, internet, work phone)
• The conditions for video surveillance (in line with CCT no. 68)
• Employees' rights regarding personal data

13. Right to disconnect

Since the law of 3 October 2022 (for businesses with 20 or more employees):

• The arrangements for the right to disconnect
• Guidelines on using digital tools outside working hours
• The planned training and awareness sessions

14. Career break (time credit) and thematic leave

• The conditions for taking a career break (CCT no. 103)
• Thematic leave (parental leave, medical assistance leave, palliative care leave)
• The formalities the employee must complete

Drafting and amendment procedure

Without a works council (CE) or union delegation (DS)

For businesses without a works council (generally fewer than 100 employees):

1. Drafting: the employer drafts the proposed work rules
2. Posting: the draft is displayed on the business premises for 15 days
3. Comments register: a register is made available for employees to record comments during these 15 days
4. Notification to the inspectorate: the employer sends the draft and the comments register to the Regional Directorate for the Supervision of Social Laws
5. Conciliation: if comments remain unresolved, the inspector attempts conciliation
6. Entry into force: absent any comments, or following conciliation, the work rules take effect 15 days after the posting period ends

With a works council

For businesses with a works council (generally 100 employees or more):

1. The employer submits the draft to the works council
2. The works council discusses and negotiates any changes
3. The work rules are adopted by unanimous agreement within the council
4. If disagreement persists, the dispute is referred to the sectoral joint committee

Mandatory filing

Within 8 days of the work rules (or an amendment) taking effect, the employer must file a copy with the Regional Directorate for the Supervision of Social Laws of FPS Employment.

Notifying employees

• Every employee must receive a copy of the work rules (article 15 of the law)
• The employer must keep a signed acknowledgement of receipt from each employee
• The work rules must be permanently displayed somewhere accessible on the business premises
• If amended, employees must be informed and given the updated version

Structure of a Belgian work rules document

1. Chapter 1 – Scope and definitions
2. Chapter 2 – Working hours and working time
3. Chapter 3 – Overtime and Sunday work
4. Chapter 4 – Pay and benefits
5. Chapter 5 – Annual leave and public holidays
6. Chapter 6 – Absences (illness, leave, family events)
7. Chapter 7 – Termination of employment (notice, serious misconduct)
8. Chapter 8 – Disciplinary sanctions
9. Chapter 9 – Rights and obligations of the parties
10. Chapter 10 – Health and safety at work
11. Chapter 11 – Prevention of harassment and violence
12. Chapter 12 – Use of IT tools and the right to disconnect
13. Chapter 13 – Personal data protection (GDPR)
14. Chapter 14 – Career break (time credit) and thematic leave
15. Chapter 15 – Appeals and useful contacts

Common mistakes to avoid

1. Not drafting work rules

Even with a single employee, work rules are mandatory. Not having them exposes the employer to criminal penalties.

2. Using an unsuitable template

Every business has its own specifics (working hours, sector, joint committee). A generic template can be incomplete or unsuitable.

3. Forgetting to update them

The work rules must be updated when there are:

• Changes to working hours
• New legislation (right to disconnect, remote working)
• Changes to sectoral collective labour agreements
• Changes to company policy

4. Not mentioning disciplinary sanctions

Without a mention in the work rules, the employer cannot apply disciplinary sanctions (except dismissal for serious misconduct, which is a statutory right).

5. Neglecting the anti-harassment policy

Since the law of 4 August 1996, the harassment prevention policy must appear in the work rules. Not including it can expose the employer to liability.

Penalties for non-compliance

Criminal penalties (Social Criminal Code)

The Social Criminal Code (Book 2, Title 1) sets out penalties for breaches of work rules obligations:

Civil consequences

• Provisions not included in the work rules may be considered unenforceable against the employee
• In a dispute before the labour tribunal, the absence of work rules counts against the employer
• Disciplinary sanctions not provided for in the work rules are void

Support from social secretariats

Most Belgian employers entrust the drafting and management of their work rules to their approved social secretariat:

The cost of having a social secretariat draft work rules is generally included in the social management subscription, or billed at between EUR 500 and 2,000 for a bespoke draft.

Conclusion

Work rules are a fundamental document for every Belgian business employing staff. They organise working conditions, protect both employer and employees, and form the legal basis of the day-to-day employment relationship. They must be carefully drafted, complete, and regularly updated to reflect legislative changes (right to disconnect, GDPR, remote working). Do not hesitate to get support from your social secretariat or a lawyer specialising in employment law to ensure your work rules are compliant.