Recruit
Belgium is one of the more restrictive countries in Europe for pre-employment screening. Checks are possible, but the starting position is that an employer may only ask what is necessary for the job, and the burden of showing that sits with the employer.
What employers can check
Identity, right to work, employment history, and academic qualifications are all legitimate. The national collective agreement governing recruitment and selection limits questions to those relevant to the nature and conditions of the role, and requires respect for the candidate’s private life. Enquiries into family plans, health, or personal circumstances fall outside that.
Criminal record checks
The candidate requests an extract from the criminal record, known as an uittreksel uit het strafregister or extrait de casier judiciaire, from their local municipality. Employers cannot search the register themselves. There are different models of extract, and a specific version exists for roles involving contact with minors, which is the one to request for education, childcare, youth work, and similar positions. For most other jobs, asking for an extract at all needs to be justified by the nature of the work, for example in financial services or private security.
Data protection
The GDPR applies alongside Belgian implementing law. Criminal record data is subject to particularly strict conditions, and an employer cannot keep a copy of the extract once it has been seen unless there is a clear legal basis. Consent is a weak basis in an employment context, so rely on necessity for the role, be transparent, collect the minimum, and delete unsuccessful candidates’ data promptly.
Practical guidance
Decide in advance which roles genuinely require an extract and document why, view rather than retain it where possible, and treat health and credit enquiries as off limits unless the role clearly demands them. Works councils may also have a say in a systematic screening policy. An employer of record can manage this if you have no Belgian entity.
