One of the characteristics of Belgium’s institutional framework is the fact that several different language-regions exist. As a result, companies employing staff in Belgium are confronted with a diverse set of language regulations. Which language to use towards their employees will depend on where the relevant exploitation seat is located. Getting it wrong can, depending on the region, result in null and void documents, replacement obligations or even criminal fines. This newsletter highlights the essentials for companies operating in one or more Belgian language regions.
Exploitation seat as defining factor
In Belgium, which language a company must use in its dealings with employees is linked to the exploitation seat to which the worker is attached. This means the stable establishment where the social relations between the employer and employee effectively occur. It doesn’t necessarily coincide with the company’s registered seat, nor with where the employee works.
Dutch-language region: Dutch with an international twist
Organisations who have their exploitation seat in the Dutch-language region must use Dutch for all social relations with staff, as well as for all documents prescribed by law. This applies equally to individual and collective dealings, oral or written, directly or indirectly linked to the employment. As such, it covers, among other things, instructions, feedback, company policies, employment agreements and work regulations. Translations are only possible where the workforce composition justifies it and when requested by the competent employee representative body.
European case law prompted a specific flexibility for employment agreements with a cross-border element. In those cases, an additional lawful version of the individual employment may be drawn up in an official language of the European Union or European Economic Area that both parties understand. In case of discrepancies between both language versions, the Dutch one will prevail.
Conversations and documents that breach the Dutch-language requirement are null and treated as if they never existed. The Dutch-language region’s regulations nevertheless safeguard employees: they may not be disadvantaged by the nullity, and the employer is liable for the damages caused to the employee because of the nullity. In addition, the employer can be liable for administrative or criminal fines.
French-language region: French as a rule with a broader translation comfort
Organisations with their exploitation seat in the French-language region must use French for all social relations with staff, written and oral, as well as for company acts and documents required by law. It’s expressly permitted to use an additional language chosen by parties, so companies can add translations for transparency, but the French version remains the reference.
Documents that breach the language requirement are also null, but the regime doesn’t layer additional administrative or criminal fines on top. The nullity sanction primarily targets acts and documents, and oral dealings that don’t comply with the language requirement are therefore not voided.
Brussels capital, German-language region and municipalities with facilities: federal rules
Organisations with their exploitation seat in one of these language regions are covered by federal regulations on the use of the correct language. The focus of these regulations is on acts and documents required by law and intended for staff. Oral dealings are thus not covered.
In the Brussels capital bilingual region documents intended for staff must be drawn up in Dutch for Dutch-speaking staff and in French for French-speaking staff. In the German-language region staff documents must be drawn up in German. In municipalities with linguistic facilities, the staff documents must follow the language of the surrounding region: Dutch in municipalities in the Dutch-language region and vice versa for the French-language region. In all three settings companies may add translations when the workforce composition justifies it.
Non-compliance with these regulations doesn't result in nullity. Instead, there’s a replacement mechanism. The employer is required to replace non-compliant staff documents with versions in the correct language, either spontaneously or after the authorities or a court prompts action. Once the compliant version is in place, it takes effect retroactively as from the date of creation of the original document.
Conclusion
Language compliance in employment matters in Belgium can be a complex matter and as non-compliance can have serious consequences – particularly in the Dutch-language and French-language regions – companies should make sure to firstly determine which language-region’s regulations apply. For organisations with several exploitation seats in Belgium, spread over the different language-regions, this means mapping which exploitation seat is tied to which role. Next comes identifying which dealings and documents fall in scope and implementing disciplined language procedures.
