Belgium Remote Work Laws 2026

General Questions

1. What is the difference between structural and occasional telework in Belgium?

Structural telework is performed regularly (typically at least one day per week on average) and is governed by CBA 85, requiring a written agreement. Occasional telework is sporadic, performed in cases of force majeure or personal reasons, and is governed by the Law of 5 March 2017 with less formal requirements.

2. Is telework a right for employees in Belgium?

No, there is no general legal right for employees to demand telework. Telework is generally based on mutual agreement between employer and employee. However, employees cannot be forced to telework except in exceptional circumstances (e.g., government mandate during COVID-19).

3. Do I need a written agreement for telework?

For structural telework, yes—CBA 85 requires a written agreement or addendum to the employment contract. For occasional telework, a written agreement is not legally required but is recommended for clarity. Agreements should be reached on equipment, support, and reimbursement.

4. Can my employer force me to work from home?

Generally no. Telework should be voluntary. However, employers may be able to impose telework in exceptional circumstances such as government mandates, as occurred during COVID-19, or potentially as a reasonable adaptation for health and safety reasons.

5. Can I work from anywhere in Belgium?

Typically yes, unless your telework agreement specifies a particular location or geographic restrictions. You should work from the location(s) specified in your agreement. Working from a different location (e.g., vacation home) may require employer approval and agreement modification.

Rights and Protections

6. Do I have the same rights as office workers if I telework?

Yes. According to CBA 85, teleworkers have the same employment rights and conditions as comparable employees working at the employer’s premises, including remuneration, benefits, training, career opportunities, and collective rights.

7. Can I be passed over for promotion because I telework?

No. Discrimination against teleworkers is prohibited. You must have equal consideration for promotions and advancement. If you believe you’ve been discriminated against, you can file a complaint through internal procedures, union representatives, or external authorities like Unia.

8. What is the right to disconnect?

The right to disconnect, established by Law of 3 October 2022, is the right to not respond to work-related digital communications outside working hours without penalty. Companies with 20+ employees must implement policies through collective bargaining agreements or work rules.

9. Can my employer contact me after working hours?

Generally no, unless there is a genuine emergency requiring immediate action. Your employer’s right to disconnect policy should specify when contact is acceptable. You are protected from retaliation for not responding outside working hours.

10. Can I end my telework arrangement and return to the office?

Typically yes. Telework agreements should include reversibility provisions allowing either party to end the arrangement with reasonable notice. You have the right to return to your previous position at the office. Check your specific telework agreement for notice periods and conditions.

Equipment and Expenses

11. Must my employer provide equipment for telework?

For structural telework, yes. According to CBA 85, employers must provide necessary equipment for telework and bear the costs of connections and communications. This typically includes computer, monitor, keyboard, mouse, software, and internet or allowances.

12. What if I prefer to use my own computer?

If you use your own equipment, CBA 85 requires the employer to reimburse you for associated costs, including installation, use, maintenance, and depreciation. The amount and method should be specified in your telework agreement.

13. How much can I receive tax-free for telework expenses?

As of recent guidance, structural teleworkers (averaging at least 1 day/week from home) can receive approximately:

• Office compensation: ~€140/month (subject to updates)
• Private computer: €20/month
• Private internet: €20/month
• Private second screen: €10/month

Check current amounts with NSSO as they are periodically adjusted for inflation.

14. Do I need receipts for the telework allowances?

For lump sum allowances within permitted tax-free limits, you generally do not need to provide receipts. However, your employer must maintain documentation of your telework arrangement. If claiming actual expense reimbursement above lump sums, receipts are typically required.

15. Who is responsible if my equipment breaks or is stolen?

Equipment provided by the employer generally remains the employer’s property and responsibility. The employer should repair or replace it. Employees should take reasonable care of equipment. Check your telework agreement for specific provisions about equipment damage, loss, or theft.

Working Time and Performance

16. Am I subject to the same working time rules when teleworking?

Generally no. Teleworkers are often exempt from strict working time regulations (daily/weekly limits, overtime rules) that apply to office workers. However, you remain subject to your contractual working hours and must deliver the agreed amount of work. Health and safety principles regarding rest still apply.

17. Can I work flexible hours when teleworking?

Often yes, within limits. One advantage of telework is flexibility in organizing your schedule. However, you must respect any core hours specified in your agreement, be available for meetings, coordinate with your team, and comply with right to disconnect provisions.

18. Do I get overtime pay when teleworking?

Not necessarily. Traditional overtime concepts may not apply to teleworkers who have flexibility in organizing their working time. If your telework agreement establishes a specific schedule and your employer explicitly requests additional hours, you may be entitled to compensation. Check your agreement.

19. How is my performance evaluated if I telework?

Your performance should be evaluated using the same criteria and standards as comparable office workers. Evaluation should focus on results, deliverables, and objectives rather than presence or hours. Your telework agreement should specify performance evaluation methods.

20. Can my employer monitor me with a webcam?

Generally no. Continuous webcam surveillance is highly intrusive and rarely justified under Belgian privacy law. Webcam use requires explicit consent and must be proportionate to a legitimate aim. Employers generally cannot monitor private areas of your home.

Health and Safety

21. Is my employer responsible for health and safety when I work from home?

Yes. The Act of 4 August 1996 on well-being at work extends to telework locations. Your employer must inform you of health and safety policies, conduct risk assessments, provide guidance, and take preventive measures. You must follow safety instructions to the best of your ability.

22. Can my employer inspect my home workspace?

Only with your consent. According to CBA 85, prevention services may inspect your telework location to verify health and safety compliance, but this requires your agreement and prior notification. Many employers use virtual assessments or self-assessment questionnaires instead.

23. What if I have an accident while teleworking?

Accidents occurring at your telework location during your telework hours (as specified in your agreement) are presumed to be work accidents under Belgian law until proven otherwise. Report the accident immediately to your employer, who must report it to the work accident insurer.

24. How can I set up an ergonomic workspace at home?

Follow guidance from your employer and resources like BeSWIC (www.beswic.be). Key elements: proper desk and chair height, monitor at eye level, adequate lighting without glare, keyboard and mouse positioned to avoid strain, sufficient space, and regular breaks.

25. What should I do if I feel isolated working from home?

Communicate with your employer, team, or HR department. Your employer should have measures to prevent isolation (regular meetings, team activities, communication channels). Maintain social connections with colleagues. If isolation is affecting your well-being, seek support from your employer’s employee assistance program or occupational health services.

Data Protection and Privacy

26. Can my employer read my work emails and messages?

Generally yes, with limitations. Your employer may have the right to access work-related communications for legitimate business purposes, but must be transparent about monitoring policies and respect privacy principles. Communications marked “private” should be respected. Monitoring must be proportionate and necessary.

27. What data can my employer collect about my telework?

Your employer can collect data necessary for managing the employment relationship and complying with legal obligations (work location, hours, performance, etc.). Collection must comply with GDPR: lawful, transparent, proportionate, and secure. You have rights to access and correct your data.

28. Can my employer see what websites I visit?

If using employer-provided equipment and networks, your employer may have technical ability to see internet usage. However, monitoring must be transparent, proportionate, and compliant with privacy law. Personal use during breaks should generally be respected within reason.

Works Council and Unions

29. Does my works council need to be consulted about telework?

Yes, for certain matters. Works councils should be consulted on introduction of telework policies, organizational changes, and technology/monitoring systems. The Committee for Prevention and Protection at Work must be consulted regularly on telework-related well-being issues, including right to disconnect.

30. Can I participate in works council activities if I telework?

Absolutely. According to CBA 85, teleworkers have the same collective rights as office workers, including access to employee representatives, participation in elections, and consultation with union delegates. Your employer should provide appropriate means for remote participation.

31. How can my union help me with telework issues?

Your union can:

• Provide information on your rights
• Negotiate telework provisions in collective bargaining agreements
• Assist with individual disputes
• Represent you in complaints or legal action
• Advocate for better telework policies Contact your union delegate or local union office for assistance.

Cross-Border and International

32. Can I telework from another EU country for my Belgian employer?

Potentially yes, but with important considerations. Social security coordination rules apply (Regulation 883/2004 and Framework Agreement on Cross-border Telework if applicable). Tax implications depend on bilateral treaties. You may need A1 certificate. Employment law questions arise. Consult specialists before establishing cross-border arrangements.

33. What is the Framework Agreement on Cross-border Telework?

Effective July 1, 2023, this agreement allows teleworkers to work up to 49.99% of their time from their residence in another EU member state while remaining subject to the employer’s state social security (with A1 certificate). Belgium has adopted this agreement.

34. Do I need an A1 certificate for cross-border telework?

Yes, if you want to remain under Belgian social security while teleworking from another EU country. The A1 certificate documents which country’s social security applies. Your employer applies for this through the National Social Security Office.

Implementation and Practical Issues

35. How do I request telework if my company doesn’t have a policy?

Approach your supervisor or HR department with a proposal. Present a business case showing how telework would benefit your work. Propose specific terms (frequency, schedule, equipment needs). Be prepared for negotiation. Consider involving works council or union representatives if available. There’s no legal right to telework, but many employers are open to arrangements.

36. What should I do if my telework request is denied?

Employers have discretion to approve or deny telework requests. Ask for the reason and see if there are alternatives (fewer days, trial period, addressing specific concerns). If you believe denial is discriminatory, consult union representatives or Unia. Document conversations and decisions.

37. Can I telework during parental leave or other leave?

Telework and leave are separate. You cannot work (including telework) during full-time parental leave. For part-time leave arrangements, telework could theoretically be part of your reduced schedule, but this requires clear agreement. Employers should not contact you during leave except for genuine emergencies, respecting right to disconnect.

38. What happens to my telework arrangement if I change positions?

This depends on your telework agreement and company policies. Telework arrangements are often tied to specific roles. If you change positions, you may need to negotiate a new telework arrangement based on the requirements of the new role. Some companies maintain consistent telework policies across eligible roles.

39. What if my home is not suitable for telework?

Discuss with your employer. Options might include:

• Employer providing additional equipment or furniture
• Financial assistance for workspace improvements
• Working from a co-working space (with employer approval)
• Modified telework arrangement (fewer days)
• Remaining office-based if unsuitable You are not obligated to telework if your home is inappropriate.

40. How can I balance telework and childcare?

Telework provides some flexibility but is not a substitute for childcare. You are expected to work your contracted hours. Many parents use telework to reduce commuting time, allowing more time with family before/after work. Communicate with your employer about scheduling that accommodates responsibilities while meeting work needs.

41. What if my employer wants to end the telework arrangement?

Check your telework agreement for reversibility provisions. Typically either party can end the arrangement with reasonable notice. If employer wishes to end it unilaterally, they should have valid reasons and follow agreed procedures. Consult union or legal advice if you believe ending is unjustified or discriminatory.

42. Can I telework if I’m on sick leave?

Generally no. Sick leave means you are unable to work due to health reasons. If you can work (even from home), you are not genuinely on sick leave. Exceptions might exist for partial return to work or accommodations, but require medical approval and employer agreement.

43. How do I handle distractions and stay productive while teleworking?

Tips:

• Dedicated workspace separate from living areas
• Regular schedule and routine
• Clear boundaries with household members
• Time management and goal-setting
• Limit personal distractions (social media, TV)
• Take regular breaks
• Stay connected with team
• Communicate challenges early

44. What are common mistakes to avoid in telework?

• Not having a written agreement for structural telework
• Failing to set boundaries between work and personal life
• Poor communication with team and supervisor
• Neglecting ergonomics and physical health
• Ignoring right to disconnect
• Working excessive hours without breaks
• Isolation from colleagues
• Not understanding data security requirements
• Assuming same rules as office work apply
• Not documenting work and achievements