The Concept of ‘Employee’: The Position in Belgium

A legal definition of ‘employment relationship’ exists in Belgium. According to Article 328 of the Labour Relations Act of 27 December 2006, the employment relationship (arbeidsrelatie, relation de travail) covers a formal agreement on the performance of work by a party in the capacity of either employee or self-employed worker. This division remains the main distinguishing criterion for employment relationships and is based on the legal subordination between the principal and the person performing the work. The legal concepts of ‘employee’ (werknemer, salarié) and ‘independent worker’ (zelfstandige, indépendant) are defined in line with this distinction. An ‘employee’ is a person who concludes a contract to perform work in exchange for the payment of a wage, under the authority of the other party, the employer. An ‘independent worker’ is a natural person who exercises a professional activity outside the authority of the employer and who is not bound by a ‘statute’. This refers to public sector workers who do not conclude an employment contract, but work under an administrative appointment and are subject to administrative laws.