Specific rules on language use in the relationship between employer and employee
Specific rules apply to language use in employment-related contexts such as employment contracts, work regulations or policy rules. The language to be used between employee and employer depends on the region where the company’s place of business is located.
What is meant by ‘place of business’?
It is important to understand what is meant by the term ‘place of business’ in this specific legislation. The place of business is ‘any establishment or centre with a certain degree of permanence to which the employee is attached and where in principle the dealings between employer and employee take place: it is generally the place where the employee must receive orders and instructions, where all communications are made to him or her and where he or she contacts his or her employer’.[1] Examples might be an office, shop or warehouse. This means that the place of business is not always the same as the company’s registered office.
Example:
For a sales representative, the place of business is not the location where he does his work, but the place where he receives his instructions/assignments, where he submits his reports, where meetings with his managers take place, etc.
Language use by region
As we have mentioned, the rules on language use depend on the region:
- Flemish Region: For companies with a place of business in the Flemish Region, Dutch must be used in relations with employees.
- Walloon Region: For companies with a place of business in the Walloon Region, French must be used in relations with employees.
- German-speaking Community: For companies with a place of business in the German-speaking Community, German must be used in relations with employees.
- Brussels-Capital Region: For companies with a place of business in the Brussels-Capital Region, the language depends on the employee’s mother tongue. French must be used in employment relations with French-speaking employees and Dutch in employment relations with Dutch-speaking employees. To prevent disputes, the employer should ensure that it has explicit written confirmation from each employee of his or her language choice.
- Outside Belgium: If a company has its place of business outside Belgium, the specific rules on language use do not apply.
Penalties for incorrect language use
The penalties for incorrect language use also differ depending on the region where the place of business is located.
- Flemish and Walloon Regions: A document that is not drawn up in the correct language is invalid and deemed never to have existed. Its invalidity must be established in court. The amended document in the correct language only applies to future dealings.
The Flemish Language Decree explicitly states that the document’s invalidity may not cause any disadvantage to the employee and also leaves the rights of third parties unaffected. In a recent judgment, the Court of Cassation[2] ruled that it follows from the Flemish Language Decree the employees’ rights remain protected even if the document is invalid. Employees can therefore cite the provisions that are invalid from a document drawn up in the wrong language and can file claims on the basis of them.
Example: A company whose place of business is in Flanders draws up an employment contract in English and includes a non-competition clause in it. The clause stipulates, in accordance with the legal requirements, that if the employer does not waive this clause in time, the employee is entitled to a certain amount in compensation. At the end of the employment contract, the employer cannot argue that this compensation does not have to be paid because the contract is invalid. The employee can still claim the compensation, despite the document being invalid because it was drawn up in the wrong language.
Furthermore, in the Flemish Region, additional administrative fines can be imposed, and the employer can be held liable for damage caused to the employee and/or third parties.
- Brussels-Capital Region and German-speaking Community: The penalty is not invalidity. The document can easily be replaced by a document in the correct language, which then has retroactive force.
Additional language versions and/or translations
An important further question is whether, as well as the official language, an extra translation or an additional legally valid language version may be added.
In the Walloon Region, the Brussels-Capital Region and the German-speaking Community, adding an extra translation is permitted.
In the Flemish Region, an additional legally valid (i.e. authentic) language version in an official language of the European Union or of a Member State of the European Economic Area is only permitted for employment contracts in the context of cross-border employment[3]. The language other than Dutch must be understood by all parties concerned.
In all other circumstances, a translation may only be added if the composition of the workforce justifies this and employee representatives of the works council (or trade union delegation if there is no works council) unanimously request it. If there is no works council or trade union delegation, a delegate of a representative trade union may request this. However, bear in mind that the version in the official language always takes precedence in the event of any discrepancies between the two versions.
Conclusion
It is essential for companies with a place of business in Belgium to comply with the regional language requirements in employment documents. By paying attention to these requirements and applying the correct procedures for translations, companies can both meet the legal obligations and promote an inclusive and respectful working environment.
[1] The Court of Cassation used this definition in its judgment of 22 April 2002.
[2] Court of Cassation 3 February 2025.
[3] This is the case in any of the following situations:
- De employee is resident in the territory of one of the other EU/EEA Member States;
- The employee is resident in Belgian territory and has exercised his or her right to free movement of workers or freedom of establishment;
- The employee has the right to free movement of workers on the basis of an international or supranational treaty.
