Special employment agreements
Special employment agreements can be drafted based upon the specific category of employee such as homeworking or teleworking, sales representatives, students and trainees.
Starting your first employment in Belgium in a professional way is the best guarantee to a long-lasting successful relationship with your employee. The basics of drafting an employment contract compliant to Belgian law, are explained in my post Success key 1: Employment Contract. Special explicitly written legal formalities need to be taken into consideration for concluding employment contracts covering following activities or persons, the so called special employment agreements:
- Sales representatives
Agreement for homeworking / teleworking
Employees working from home on a structural basis can be considered home workers or teleworkers depending on their job content. For both types of employees, there are mandatory provisions regarding the organization of the work, the reimbursement of costs related to the homework etc.
Agreement for sales representatives
Employees who spend the majority of their time visiting new or existing clients in order to negotiate new business are considered to be sales representatives. The employee really needs to visit the clients in face to face meetings with the aim to negotiate new business but not necessarily with the power to sign any contracts. For sales representatives, different rules regarding working time and some additional indemnities after the termination of their contract apply.
Agreement for students
Employees, regardless their age, whose main activity is to follow a training in school or who prepare for exams leading to a degree or certificate and who take up employment activities that can be combined with their studies, need to be provided with an employment contract for students containing specific provisions which aim to offer more protection to the student-employee. The minimum age to employ a student is 15 years provided the student has finished the first two grades of secondary school. There is no maximum age provided by law.
Agreement for trainees
A traineeship agreement between a trainee and a company whereby the company acts as the mentor or training coach of the trainee can take different forms under the Belgian legislation all starting from the question whether or not the training is required in order to obtain a degree. For all types of traineeships, different formal requirements need to be taken into account.
How to draft a special employment agreement?
We know that drafting a special employment agreement for most foreigners can be difficult. That is why Pro-Pay‘s specialists in employment law, social law, payroll law and immigration law can assist you in Dutch, French or English. Don’t hesitate and fill out the contact sheet.