The 50-employee threshold: what will change for your company?

Is your company growing and set to reach the 50-employee mark soon? Congratulations! But take note – this milestone brings with it some important obligations and points to consider. Here are the main implications for your company. 

1. Establishing a CPBW becomes mandatory

From 50 employees onwards, you are required to set up a Committee for Prevention and Protection at Work (CPBW). This committee watches over well-being and safety in the workplace. Elections for employee representatives normally take place every four years. Note: When counting the number of employees, you should also include temporary workers. 

2. Entry-level job requirement: hiring or replacing young people

Employers with at least 50 employees must employ a certain number of young people. Note: The government plans to abolish this requirement from 1 January 2026, but this has not yet been finalised. 

3. Psychosocial risks? Consider a prevention advisor and confidential advisor

You must decide whether the prevention advisor for psychosocial aspects (including violence, harassment and sexual harassment at work) will be appointed internally or if you will use an external service. In addition, you are obliged to appoint a confidential adviser, who cannot be the same person as the prevention adviser. These decisions should be made in consultation with the CPBW.

4. Your internal prevention department will have more responsibilities

As soon as your company has 50 employees or more, the role of the Internal Service for Prevention and Protection at Work (ISPPW) becomes even more important. The specific obligations of this service depend on the level of risk of your company. That level of risk is determined on the basis of:

• the number of employees; and
• the nature of the activities (and therefore the risks they entail).

Based on this, your company will be assigned to one of four groups. The classification into these groups determines the basic tasks the internal service must perform, what training the prevention adviser must undergo, and whether an external service may need to be used.

5. Whistleblowing: ensuring a safe reporting point

From 50 employees onwards, you must set up an internal reporting system for reporting malpractices. This system must meet strict requirements regarding security, confidentiality and procedure. 

5. Pay gap analysis

Every two years, you should conduct an analysis of the remuneration structure to check whether you have a gender-neutral pay policy. 

7. Employment plan for the over 45s

From the moment your company has more than 20 employees, you are required to draw up an employment plan. This plan aims to retain or even increase the number of employees aged 45 and over. It is a measure that falls within the pursuit of sustainable careers and an inclusive labour market. From 50 employees onwards, consultation on the plan with the works council or CPBW is mandatory. 

8. Flemish training leave

Employees in the private sector can take Flemish training leave to attend training courses under certain conditions. The rules around planning Flemish training leave differ depending on the number of employees. More information can be found on the Flanders website.

9. Thematic leave

With fewer than 50 employees, employers are allowed to refuse an extension of thematic leave (for assistance or care of a seriously ill family member or relative) in certain cases. Once you reach the threshold of 50 employees, this is no longer permitted. 

10. Obligation to report payment arrears

You are obliged to inform the works council or, in its absence, the union delegation immediately about payment arrears. This applies if you have been behind in payments to the NSSO (Belgian National Office for Social Security), the VAT administration, direct taxes, or certain creditors for three months after the due date. This reporting obligation increases transparency and enables employee representatives to respond to potential financial risks in a timely manner.

11. Provide information on the introduction of new technologies in good time

Want to introduce new technologies that could change the way your employees work or affect their jobs? You should inform them in good time. These could include automation, new software or machinery, for example. You must provide written explanations to employee representatives at least three months in advance and discuss the possible consequences with them. This is how you ensure transparency and build commitment to change in the workplace. 

12. Less support through the SME portfolio

Once your company has more than 50 employees and meets certain financial conditions, it no longer falls under the category of 'small enterprise' but under 'medium-sized enterprise'. This means that, through the Flemish SME portfolio, you receive only 20% support for training and advice instead of 30%. However, the maximum amount you can receive annually remains €7,500. 

13. Additional annual contribution for long-term sickness absence

Do you have noticeably more long-term sick employees than the average in your sector and the private sector? If so, employers with at least 50 employees must pay an additional social contribution. This amounts to 0.625% of wages and is calculated quarterly. Only employees under 55 who have been employed for at least three years are counted. There are plans to replace this scheme with a new solidarity contribution from 2026, but this has not yet been finalised. 

14. Sick without a doctor's certificate: how often is this allowed?

In larger companies (50+ employees), employees are allowed to be sick for one day up to three times a year without having to submit a medical certificate. This applies to either an illness lasting one day or to the first day of a longer period. This exemption is regulated by law and must be clearly stated in the employment regulations. The federal government plans to limit this to twice a year from 2026, but this has not yet been officially confirmed.