Can a sole proprietor hire staff in Belgium?

Can a sole proprietor hire staff in Belgium
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In Belgium, there are flexible employment options such as flexi-job, assisting spouse and independent helper, which allow sole proprietors to expand and grow their team. This article will discuss the different aspects so that you can expand your sole proprietors with additional workers as soon as possible!

Freelancers versus Staff

Suppose you decide to hire staff, do you go for a freelancer or a permanent employee? We briefly list the pros and cons:

✅ Advantages of Freelancers✅ Advantages of Staff
FlexibilityLoyalty and commitment
Specific knowledge and expertiseConsistency
Short-term cost savingsLess administrative burden
No long-term commitmentsMore team cohesion

Legal obligations 👩‍⚖️

When hiring staff in a sole proprietors’ company, there are several legal requirements to consider:

  1. Registration and reporting[4]:
    • Registration as an employer with the NSSO and immediate notification of employment (Dimona) upon recruitment.
    • Submission of a quarterly report on performance and wages to the NSSO.
  2. Employment contract and insurance [1]:
    • Draft employment contract and work regulations.
    • Arrange arrangements for work accident insurance and registration with a child benefit fund and external services for prevention and protection at work.
  3. Compliance with labour laws:
    • Ensure a safe and healthy working environment and respect employee rights, including avoiding false self-employment.
    • Compliance with regulations on working hours, overtime, and discrimination.

Practical steps for hiring staff

To successfully recruit staff in your sole proprietors, there are some practical steps to follow [1]:

1️⃣ Determine the type of work force:

  • Flexi-job: Pay only 25% contribution, available for hospitality or retail.
  • Cooperating partner/helper: Must have their own self-employed status, only possible in sole proprietors.
  • Self-employed helper: Helper must have their own self-employed status, except for occasional helpers.

2️⃣ Financial and practical considerations:

  • Ensure that your company has sufficient financial resources.
  • Immediate registration of employment (Dimona).
  • Draw up employment contracts, work regulations, accident insurance, registration in a child benefit fund, external prevention and protection services, personnel files, and more.

3️⃣ Government subsidies for hiring staff:

  • The subsidy database provides a summary of all recruitment aid measures.
  • Includes grants, reductions in social security contributions, and other incentives for recruiting specifically targeted groups.
  • Financial support for employee training and education, such as KMO-portefeuille grant for SMEs and self-employed people for training and advice, and Flemish training leave for training during working hours with compensation from the employer.

FAQs

Can a sole proprietor in Belgium employ staff?

Yes, a sole proprietor can hire employees. If you are hiring staff for the first time, you must register with the National Social Security Office ( NSSO) through the Employers’ Directory (WIDE).

A sole proprietor can hire staff, whereby you can effectively have a pay slip drawn up for your collaborators through a social secretariat. You can even hire unlimited employees!

The term sole proprietors has to do with the fact that the business is run by only one person, namely the entrepreneur himself. So the term does not refer to the amount of people employed.

Does the legal form of a sole proprietorship change when hiring staff?

No, the term ‘sole proprietor’ refers to the legal form and is separate from the amount of employees you can have. You do not need to edit your legal form to hire staff within a sole proprietorship.

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