How to hire and pay an employee in Belgium – Belgian payroll, employment law and benefits

Belgium’s central European location and highly skilled workforce make it an attractive destination for international businesses. However, hiring and managing employees in Belgium involves navigating a complex legal and administrative framework. This guide provides a comprehensive overview of hiring, payroll processes, employment laws, and employee benefits in Belgium.

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Understanding Belgian employment law

Belgium’s employment laws are stringent, aiming to protect employees’ rights. The regulations cover recruitment, contracts, working conditions, termination, and employee benefits. Key legislation includes:

  • Employment Contracts Act (1978): Governs individual contracts and types of employment relationships.
  • Social Security Code: Covers mandatory social security contributions and benefits.
  • Labour Act (1971): Sets rules for working hours, overtime, and holidays.

Types of employment contracts

Belgium recognises several types of employment contracts:

  1. Open-ended contract: The most common, offering indefinite employment.
  2. Fixed-term contract: Specifies a defined employment period.
  3. Temporary or interim contracts: For short-term needs, often facilitated by employment agencies.
  4. Part-time contract: Specifies hours less than the standard full-time hours.

Each contract must clearly define the role, working hours, salary, and conditions. Employment contracts must generally be written in Dutch, French, or German, depending on the region.

Hiring employees in Belgium

Recruitment process

The hiring process must comply with anti-discrimination laws. Employers cannot discriminate based on race, gender, age, disability, or religion. Common recruitment channels include:

  • Job boards and online platforms: Local sites like VDAB, Actiris, and Forem are widely used.
  • Recruitment agencies: Specialised firms can assist with sourcing talent.
  • Internal postings and referrals: Popular among international firms.

Registration requirements

Before hiring employees, companies must:

  1. Register with the National Social Security Office (NSSO): Essential for reporting and paying social security contributions.
  2. Obtain a Dimona number: A system to declare employee contracts and work periods.
  3. Comply with regional regulations: Depending on where the business operates (Flanders, Wallonia, or Brussels).

Payroll system in Belgium

Setting up payroll

Belgian payroll is highly regulated, requiring precision and compliance. Businesses can manage payroll internally or outsource to specialised payroll providers. Setting up payroll involves:

  1. Obtaining a Belgian tax identification number.
  2. Registering for social security contributions with the NSSO.
  3. Ensuring compliance with Belgian labour laws and collective agreements.

Employee taxes and social contributions

  1. Income tax:
  • Progressive tax rates (2025):
    • Up to €13,870: 25%
    • €13,871–€24,480: 40%
    • €24,481–€42,370: 45%
    • Above €42,370: 50%
  • Employers must withhold taxes monthly.
  1. Social security contributions:
  • Employers: Approximately 25% of gross salary.
  • Employees: 13.07% of gross salary.

Mandatory deductions

Employers are responsible for deducting and remitting:

  • Income tax.
  • Social security contributions.
  • Occupational accident insurance premiums.

Payroll process in Belgium

Setting up and managing payroll in Belgium involves a structured and regulated process to ensure compliance with local laws. Here is a step-by-step guide to navigating payroll in Belgium:

1: Register your business with the relevant authorities

Before hiring employees, your business must register with the National Social Security Office (NSSO). This registration is necessary to obtain a Dimona account, which is used for reporting employee contracts and working periods.

2: Obtain a Belgian tax identification number

To process payroll and remit taxes, your business must have a tax identification number issued by the Belgian tax authorities. This allows the company to handle income tax withholdings on behalf of employees.

3: Set up employee records

Ensure accurate records for each employee, including:

  • Personal details (name, address, and national ID number).
  • Employment contract details (type of contract, salary, benefits).
  • Bank account details for salary payments.

4: Calculate gross salary

Determine the gross salary based on the employment contract, including:

  • Base salary.
  • Overtime or bonuses (if applicable).
  • Benefits in kind, such as company cars or meal vouchers.

5: Deduct taxes and social security contributions

Employers are responsible for withholding and remitting:

  1. Income tax:
    • Based on progressive tax brackets, ranging from 25% to 50%.
  2. Employee social security contributions:
    • 13.07% of gross salary.
  3. Employer social security contributions:
    • Approximately 25% of gross salary, paid separately.

6: Provide payslips

Employers must issue monthly payslips detailing:

  • Gross salary.
  • All deductions (taxes, social security, benefits contributions).
  • Net salary (amount paid to the employee).

Payslips must be clear and compliant with Belgian labour laws.

7: Make salary payments

Pay employees’ net salaries via bank transfer by the agreed payday (usually at the end of each month). Employers must ensure timely payments to avoid penalties.

8: Submit mandatory declarations

Employers are required to file regular declarations:

  1. Dimona declaration: Notify the NSSO of employment start and end dates.
  2. DmfA quarterly report: Submit a summary of wages, taxes, and social contributions to the NSSO.
  3. Annual tax filings: Report total employee income and taxes withheld to the Belgian tax authorities.

9: Manage statutory benefits and contributions

Ensure that statutory benefits like holiday pay, meal vouchers, and eco-cheques are accounted for. Maintain compliance with collective labour agreements (if applicable) for sector-specific benefits.

10: Keep payroll records

Employers must retain payroll records for at least seven years, as these may be audited by Belgian tax or social security authorities.

Employee benefits and entitlements

Statutory benefits

Belgian employees are entitled to numerous benefits, including:

  1. Annual leave: Employees earn four weeks of paid leave annually, calculated based on the previous year’s working days.
  2. Public holidays: Belgium has 10 statutory public holidays.
  3. Sick leave: Employers must pay full salary for the first 30 days of illness; thereafter, social security takes over.
  4. Parental leave: Up to four months of paid leave per child.
  5. Severance pay: Based on length of service and salary.

Additional benefits

Competitive employers often offer extra benefits, such as:

  • Meal vouchers.
  • Group insurance plans.
  • Company cars or transport allowances.
  • Eco-cheques for sustainable purchases.

Termination of employment

Notice periods

Belgian law mandates notice periods for termination, varying by the employee’s length of service. For instance:

  • Less than three months: Two weeks.
  • Three months to one year: Four weeks.
  • Over one year: One week per year of service (capped).

Severance payments

If no notice is given, severance pay equal to the notice period applies. Calculations depend on the employee’s gross salary and benefits.

Compliance and reporting

Employers must comply with several reporting requirements:

  1. Dimona declarations: Notify the NSSO of employment start and end dates.
  2. Quarterly social security reports: Submit wages and contributions to the NSSO.
  3. Annual tax filings: Ensure accurate employee income reporting to the tax authorities.

Non-compliance can lead to fines or legal action, so businesses often partner with local experts or payroll providers.

Using a payroll provider or employer of record (EOR)

Many international businesses simplify payroll by engaging an international payroll provider or an EOR. These providers handle:

  • Payroll processing and compliance.
  • Tax and social security contributions.
  • Employee benefits administration.

Conclusion

Hiring and paying employees in Belgium requires careful attention to legal and administrative details.

With a robust payroll system, compliance with local laws, and competitive benefits, businesses can successfully tap into Belgium’s skilled workforce.

Whether managing payroll in-house or using an EOR, understanding these processes is crucial for international business success in Belgium.

FAQ

What is the standard workweek in Belgium?

The standard workweek in Belgium is 38 hours, typically spread over five days. However, collective labour agreements may establish different arrangements depending on the industry or company.

Are there any regional differences in employment laws within Belgium?

Yes, Belgium has three regions: Flanders, Wallonia, and Brussels-Capital. While federal laws apply nationwide, certain employment-related matters, such as language requirements for contracts and regional incentives, can vary.

What is the minimum wage in Belgium?

Belgium does not have a universal minimum wage set by law. Instead, minimum wages are determined by collective labour agreements (CLAs) specific to each sector. However, the national average guaranteed monthly minimum income (RMMMG) serves as a baseline.

How is holiday pay calculated?

For blue-collar workers, holiday pay is calculated as a percentage of the previous year’s gross earnings, paid via a holiday fund. White-collar workers receive holiday pay directly from their employer, equivalent to their regular monthly salary plus an additional bonus.

Are there any mandatory insurance requirements for employers?

Yes, employers must provide occupational accident insurance, which covers employees in case of workplace injuries. Additional insurances, such as hospitalisation coverage, are not mandatory but are commonly offered as part of employee benefit packages.

What happens if payroll errors occur?

Payroll errors, such as incorrect tax withholdings or late payments, can lead to penalties from tax authorities or the National Social Security Office. Employers are advised to correct errors promptly and may need to submit revised declarations.

Can foreign businesses hire remote workers in Belgium without a local entity?

Yes, foreign businesses can hire Belgian remote workers through an Employer of Record (EOR). The EOR handles compliance, payroll, and legal requirements without the need for the foreign company to establish a local entity.

What are eco-cheques, and how do they work?

Eco-cheques are a tax-free benefit provided to employees for purchasing environmentally friendly goods or services. Employers can offer them up to a capped value, and they are exempt from social security contributions.

How are bonuses taxed in Belgium?

Bonuses are subject to the same income tax and social security contributions as regular salaries. However, specific bonuses, such as those linked to collective performance agreements, may benefit from reduced tax rates.

Is it possible to pay employees in a foreign currency?

No, employees in Belgium must be paid in euros. Payroll systems should ensure all payments comply with this requirement to avoid regulatory issues.

What is the role of the joint labour committee in payroll?

The joint labour committee (paritaire comité) represents specific industries and sets sector-level agreements, including minimum wages, working conditions, and benefits. Employers must adhere to these agreements in addition to general labour laws.

How are expat employees taxed differently?

Expat employees may qualify for special tax regimes, such as the expatriate tax regime, which provides allowances for certain costs like housing, schooling, and relocation. Eligibility depends on meeting specific conditions set by Belgian authorities.

What penalties apply for non-compliance with payroll regulations?

Non-compliance can result in fines, interest charges, or audits from authorities. Penalties vary based on the severity of the infraction, such as failing to register employees, underreporting wages, or late tax filings.

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