Hiring student workers is an interesting solution for temporary reinforcement within your company. However, there are a number of legal considerations you, as an employer, need to be aware of.
Who is allowed to work as a student worker?
Young people from the age of 16 may work as student workers. If they have completed the first two years of secondary education, they can start already from the age of 15. There is no maximum age. The student must be regularly enrolled in an educational institution and actively following their studies. Additional restrictions apply for students in dual learning programs.
Foreign students
Students from the EEA may work without an additional permit. For students from outside the EEA, rules are more lenient during school holidays, but there are restrictions during the academic year (maximum 20 hours per week). A valid residence permit is always required.
Working hours and night work
Students under 18 years old may work a maximum of 5 days per week; from age 18 this is 6 days. Night work is generally prohibited, but exceptions are possible, for example, in the hospitality industry until 11 p.m.
Wages and taxation
From January 1, 2025, students may work 650 hours per calendar year at reduced social security contribution rates (2.71%). As an employer, you only pay a 5.42% solidarity contribution. If the quota is exceeded, these benefits are lost. Students can check their remaining hours via www.studentatwork.be.
Important formalities
- Student contract: Required to be drawn up according to the Law on employment contracts.
- Dimona declaration: To be sent no later than the day of employment.
- Trial period: The first three working days automatically count as a trial period.
- School obligations: Students may only work outside mandatory lesson or exam days.
- Social security control thresholds: In case of later permanent hiring, it is best to wait a few weeks to avoid misunderstandings about alleged misuse of the reduced rate.
Legal update 2025
With the law of April 10, 2025, the annual quota has been raised from 600 to 650 hours. In addition, the exempt income bracket for dependent children has been increased from €1,500 to €3,000.
Considering hiring student workers?
We are happy to assist you with the correct drafting of student contracts, compliance with social legislation, and avoiding legal pitfalls.
Contact us today for tailored legal advice.