Fixed-term contracts and principle of equal treatment in Belgium
| Autor | Pieter Pecinovsky |
| Cargo | PhD Candidate, University of Leuven (KU Leuven) |
| Páginas | 6-13 |
IusLabor 1/2017
3
FIXED-TERM CONTRACTS AND PRINCIPLE OF EQUAL TREATMENT IN
BELGIUM
Pieter Pecinovsky
PhD Candidate, University of Leuven (KU Leuven)
Introduction
According to Eurostat only 8.9% of the working population (15-64 years old) in Belgium
was employed under a temporary contract and could be qualified as a temporary worker.
Comparing over a period since 2014 there has been no significant evolution in this
number. Compared to the neighboring countries France (16,8%), The Netherlands
(21,1%), Germany (13,2%), Luxemburg (9,8%) and the EU average of 14, 6% this is
rather a low percentage. A slightly higher percentage of the female (9,4%) workers were
employed under temporary contracts than male workers (8,4%). According to the
statistics of the Federgon Association for agency workers, in 2015, agency work only
could account for 2,61% of the total working population. On an average day there were
100.345 full time equivalent agency workers employed. However if we do count job
students as temporary workers and do not measure the temporary workers in full time
equivalents there were 584.332 agency workers in 2015 (of which 390.711 job students).
One can conclude that temporary workers are still a minority in Belgium and the
permanent contract does very much maintain its position as the standard form of
employment.
1. Is it possible to subscribe a temporary or fixed-term contract? Also to carry out
the company’s permanent needs or activities?
Permanent employment is the norm in Belgium. However fixed-term contracts are, under
some conditions allowed by the legislator, laid down in the Act of 24 July 1987 on
Temporary Work. In theory the temporary contract is seen as the exception. During the
last decade temporary work has raised in popularity thanks to the economic crisis and the
higher demand of employers for flexible contracts. In principle temporary work cannot
be used to fulfill the permanent needs of the company. However the Act of 26 June 2013
introduced a new condition in article 1, §1bis of the Temporary Work Act, which allows
the use of a fixed contract: since 1 September 2013 one can hire a posted worker to fill a
vacancy in the user’s company, envisaging the hiring of the temporary worker for a
permanent position in the company after the fixed term ends. The same can be done via
agency work. This use of fixed-term contracts can de facto be seen as a sort of trial period
for the fixed-term worker, but it also allows the employer to see if the creation of a
permanent position is necessary or not. As the goal of this use is to hire the worker on a
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