Self Employment Procedure

Work permit type B is tied to one employer, You can only for that employer using that  WP type B.

If you want to render your services as a freelancer, you can apply for a professional card.
http://werk-economie-emploi.brussels/en … -etrangers

Hi Aneesh,

Thank you , can you also guide me on the resignation process and notice period to follow as per Belgium law.

Regards
Sandy

Don't have a ready answer.

Research on your own and ask specific questions here ?

For a precise answer, it is necessary to write a precise question with all parameters...

This will depend on the type of contract under which you have been hired. Is it an indefinite contract or a fixed-term contract? Is it a worker / employee / manager / ... status? What is your seniority in the function within the current society? ...

Thank you Phipiemar.

1. Fixed Term Contract[6-12 months]
2. Status - employee
3. Time with Employer - < 6 months
4. Seniority in function - Mid Senior level

A fixed-term employment contract (hereinafter referred to as "C.D.D.") or a clearly defined job must normally be performed until the agreed deadline.

However, the party that terminates without cause serious to C.D.D. or the contract for clearly defined work prior to the expiry of the agreed term or completion of the agreed work must pay compensation to the other party.

In some cases, special rules apply.

Given the changes made by the single statute, a distinction must be made between the C.D.D. or contracts for clearly defined work concluded before and after 1 January 2014.

Contracts of employment concluded as from 1 January 2014

In case of breakage of a C.D.D. (or a clearly defined contract) concluded from 1 January 2014, two periods must be distinguished:

- the first period of the contract corresponds to the first half of the contract, limited to six months. During this first period, each party may terminate the contract unilaterally, before term and without serious reason by notifying a notice period;


1st period of the contract: break with a notice period

Principles
During a period corresponding to the first half of the contract but limited to six months, both the employer and the worker may terminate the contract prematurely and without serious cause by notifying a notice period.

This possibility of termination with a notice period results from the deletion, from 1 January 2014, of the possibility of agreeing to insert a test clause.

The first half of the contract (during which it can be terminated with a notice period) is capped at six months.
Example 1
If the C.D.D. is concluded for two months, the possibility of breaking unilaterally is only valid during the first month.

Example 2
If the C.D.D. is concluded for two years, the possibility of breaking unilaterally should only apply during the first year. However, the ceiling must be applied, so that the possibility of breaking unilaterally is only valid for the first 6 months.

This first period of the contract starts from the date of execution of the contract which has been provided by the parties.

The date of conclusion of the contract should therefore not be taken into consideration in such a case.

In addition, this first period of the contract always ends at the end of the first half of this contract.

This is a fixed period: the causes of suspension of the execution of the employment contract (for example, sickness, annual holidays, ...) do not extend it.

Therefore, the last day of this period must necessarily be no later than the last day of the period during which the break with notice is possible.

- the second period of the contract corresponds to the second half of the contract remaining to be executed, until the term initially planned by the parties. During this second period, the contract can not be broken before term and without serious reason with notice period: the party who nevertheless breaks the contract at this time must then pay compensation to the other party.

2nd period of the contract: payment of an indemnity in case of break

Principles
This second period begins after the expiration of the (1st) period of the contract during which it may be terminated with notice period and extends to the term originally provided by the parties.

During this second period, the party who breaks the contract before term and without serious reason, must pay compensation to the other party.
This compensation is equal to the amount of the remuneration that would have been due until the end of the contract.
In the case of a contract concluded for a clearly defined work, the remuneration due until the end will be determined by evaluating the time necessary to complete the work entrusted.

However, the amount of the allowance is capped: it may not exceed twice the remuneration corresponding to the length of the notice period that should have been applied if the employment contract had not been concluded for a fixed period but at contrary for an indefinite period.
Examples

An employee employment contract was entered into for a fixed term for the period from January 1 to December 31, 2016.
One of the parties broke the contract on August 1, 2016.
It should, in principle, pay as compensation 5 months of remuneration.

However, applying the ceiling calculated according to the notice period:

if the employer breaks the employment contract

If the contract had been concluded for an indefinite period, he should have complied with a notice period of 6 weeks.
Therefore, in the case of the DMD, the employer will only have to pay 12 weeks of compensation (6 x 2);

if the worker breaks the employment contract
If the contract had been concluded for an indefinite period, he should have complied with a notice period of 3 weeks.
Therefore, in the case of the CDD, the worker will only have to pay 6 weeks of compensation (3x2)

Leave for serious reason

Definition
The employer (or the worker) may, for a serious reason, immediately terminate the employment relationship without notice or compensation.

Constitutes a serious ground, any fault which makes immediately and definitely impossible any professional collaboration between the two parts. The party, invoking this grave motive, must prove its reality.

Procedure
A strict procedure must be followed under penalty of nullity:

the party who breaks the contract for a serious reason must notify the breach of the contract within (first) three working days, which begins to run the day after the day on which the incriminating facts are known. It is strongly advised to confirm this break in writing;
moreover, the author of the break for serious motive must notify to the other party the serious motive which is reproached to him within a second delay of three working days following the rupture of the contract. This period of three working days begins to run the day after the day the contract is broken.

The notification of the serious reason must be made:
- or by delivering a writing to the other party, the latter signing his signature on the duplicate thereof to prove receipt;
- by registered letter to the post office;
- either by bailiff's exploit.

In practice, the decision to terminate the contract of employment and the notification of serious grounds can be made simultaneously in a single letter sent within three working days after the one in which the employer has acquired a certain knowledge of the serious misconduct.

It is up to the party invoking it to demonstrate the existence of the grave reason.

In the event of a dispute, the courts and tribunals will consider the serious reason given.

For example, have been recognized as serious grounds: the unjustified absence at work, breach of trust, theft, insubordination, aggression, acts of unfair competition ...

Legal reference
Article 35 of the law of 3 July 1978 on employment contracts.

Act equipollent to rupture
The contract must be performed under the agreed conditions, time and place; any amendment to the employment contract may only be made with the agreement of both parties.

The unilateral and important modification of an essential element of the employment contract is considered as tacit (or implicit) leave. Such an amendment entitles the other party to a termination indemnity.

This is called an "equipollent act to break". In each case, it is up to the judge to consider that such a modification constitutes a desire to break.

When the act is not considered by the judge to be equipollent to break, the party who invoked it will be considered as the author of the breach of contract.

All changes are not affected. The employer, who is responsible for the management of the enterprise, may carry out restructuring or reorganization, made necessary by the economic imperatives, provided that it does not significantly alter an essential element of the employment contract.

The employer can not in any case reserve the right in the employment contract to unilaterally modify the working conditions. The law on contracts of employment invalidates such clauses.

What are the essential elements of the employment contract?

This is most often a question that will have to be assessed in the individual case. The parties may, in the context of the negotiation of the contract, have attached more importance to certain elements than to others.

Case law traditionally retains one of the essential elements:

the function: when the function has been precisely described in the contract of employment, the parties are supposed to have attached great importance to it and any unilateral modification is prohibited. On the other hand, when the appointment is made for unspecified positions (for example: administrative employee), the employer may modify the tasks assigned to this worker provided that he continues to be employed according to his qualifications. , his competences and with maintenance of equivalent responsibilities;

remuneration: remuneration is certainly one of the essential elements of the employment contract and the employer can not unilaterally impose a reduction in this remuneration;

the place of work: the change of the workplace will be considered as a modification of an essential condition insofar as workers suffer damage out of proportion to the needs of the enterprise (for example: the company's move to another city located several tens of kilometers from the place of origin).

The modification must be unilateral, that is to say, imposed without the agreement of the other party.

The agreement of the employer or worker can be tacit and can be deduced in particular from the fact that no protest is issued as a result of the unilateral amendment of the contract.

In conclusion, with a fixed-term contract, unless you have serious, legally valid arguments, it's extremely risky to resign...

phipiemar,

could you please also share information for the same situation as for Sandy but with only exception:
1) unlimited contract

Regards

Dear Phipiemar,

Thank you for your earlier response.

I have a contract starting from 1st Jan 2018 till 1st Jan 2019. (Not sure this is a fixed term contract/CDD or not , could not find any info related to type of contracts in my existing contract)

My contract says:
Probation period - 1month (notice period during probation is 2weeks)
Post probation - notice period is 4weeks

It's mentioned in my contract that post probation either party can terminate the contract with 1 month notice or 1month compensation.

So if employee resigns by serving 1month notice , employee doesn't have to compensate the employer for remaining duration of contract , right?

Regards
Sandy

Dear Aneesh,

I have not heard anything from Phipiemar yet. May i request you to help me out on the below questions.

I have a contract starting from 1st Jan 2018 till 1st Jan 2019. (Not sure this is a fixed term contract/CDD or not , could not find any info related to type of contracts in my existing contract)

My contract says:
Probation period - 1month (notice period during probation is 2weeks)
Post probation - notice period is 4weeks

It's mentioned in my contract that post probation either party can terminate the contract with 1 month notice or 1month compensation.

So if employee resigns by serving 1month notice , employee doesn't have to compensate the employer for remaining duration of contract , right?

Regards
Sandy

Your understanding is correct. It the contract explicitly states a notice period, that is it.