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HR Law Focus Newsletter - 26 November 2012

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Belgium

HR Law Focus Newsletter
Our "HR Law Focus" newsletter is released every time we judge that new legislation or case law might be important for your business. Besides the newsletter, we organise regularly "HR Law Focus" seminars: our next seminar is scheduled for tomorrow (27/11): in collaboration with BPI Group, the "HR for the Board" seminar will deal with the legal status of directors and how to evaluate & assess the functioning of the Executive (Board) Committee members.

Adaptation for 2013 of the salary amounts in the law on employment contracts, immigration and non-recurrent result-tied bonus.

1 January 2013


On 1 January 2013, the salary amounts determined in the Law of 3 July 1978 on employment contracts are adapted in accordance with the indexation rules.
On 1 January 2013, the applicable amounts of annual remuneration will be:
  • 32,254 euro (legal base amount: 16.100 euro);
  • 38,665 euro (legal base amount: 19,300 euro);
  • 64,508 euro (legal base amount: 32,200 euro)
     

These amounts determine, inter alia, the applicable rules for the determination of the notice periods for white-collar workers, the duration of the trial period for white-collar workers, the validity and duration of a non-competition clause , the validity of training clause and the applicability of the special categories in order to obtain a work permit B. 

New Salary Amounts in Practice*
1. Determination of the notice periods for white-collar workers
1.1 Agreements with entry into service before 01/01/2012

 

Termination by the employer

 Gross annual salary:  
 = 32,254 EUR 3 months for each started period of 5 years' seniority
 > 32,254 EUR The notice period must be agreed upon between the parties at the time of dismissal or is determined by a judge. It may not be lower than the notice period for the employees with an annual gross salary = 32,254 EUR
 > 64,508 EUR Same rules as for employees with an annual gross salary > 32,254 EUR, or determined by an agreement between the parties at the latest at the time of entry into service

 

Termination by the white-collar worker

Gross annual salary:

 

= 32,254 EUR

Half of the notice period to be respected by the employer, with a maximum of 3 months

> 32,254 EUR

The notice period must be agreed upon between the parties at the time of dismissal or is determined by a judge. It may not be higher than 4.5 months (= 64,508 EUR) or 6.5 months (> 64,508 EUR)

1.2 Agreements with entry into service as from 01/01/2012

 

Termination by the employer

Gross annual salary:

 

= 32,254 EUR

3 months for each started period of 5 years' seniority

> 32,254 EUR

In case of dismissal in 2013: 91 days

> 64,508 EUR

Same rules as for employees with an annual gross salary > 32,254 EUR or determined by an agreement between the parties at the latest at the time of entry into service

 

Termination by the white-collar worker

Gross annual salary:

 

= 32,254 EUR

Half of the notice period to be respected by the employer, with a maximum of 3 months

> 32,254 EUR

In case of dismissal in 2013: 45 days

For blue collar workers no salary conditions apply.

 

2. Duration of the trial period for white-collar workers 

Minimum

Maximum

1 month

Gross annual salary:

= 38,665 EUR: 6 months

> 38,665 EUR: 12 months

For blue collar workers no salary conditions apply.

 

3. Salary condition for non-competition clause for blue- & white-collar workers

Gross annual salary:

 

= 32,254 EUR

Deemed not existing

> 32,254 EUR

Only applicable to categories of functions specified in a CBA

> 64,508 EUR

Applicable except for categories of functions specified in a CBA

 

4. Salary condition for non-competition clause for sales representatives

Gross annual salary:

Maximum

= 32,254 EUR

Deemed not existing

 

5. Salary condition for a training clause

Gross annual salary:

Maximum

= 32,254 EUR

Deemed not existing

 

6. Salary condition for special categories work permit B

Gross annual salary:

Maximum

>38,665 EUR

Highly skilled staff

>64,508 EUR

Managerial staff

 

*this document can also be found on our website here.

For more information, please contact us.


Upcoming Seminars

  • 27/11/2012 : Fieldfisher and Groupe BPI : HR for the Board: Update on the legal status and how to evaluate/assess the functioning of the Executive (Board) committee : during this session we will analyse the latest HR legal developments impacting directors and other related mandates within a company as well as elaborate on the new trends in Executive (Board) committee assessment: how to evaluate a board/executive member and the working of the committee.
  • 28/11/2012 : M&D seminars : internationale tewerkstelling: arbeidsrechtelijke aspecten
  • 04/12/2012: Fieldfisher&Amcham : Speakers will include guest Paul Windey (President National Works Council) and Fieldfisher's employment team on the follow up on the Di Rupo I measures, the Interprofessional Agreement (TPA/AIP) 2013-2014 and other HR law legal developments.
  • 13/12/2012 : M&D seminars: juridische valkuilen bij recrutering

Recent Publications

Recent doctrine contributions include:

  • Employment of illegal aliens tightened up;
  • Secondment to Belgium: joint and several liability for wages; 
  • Ill while on holiday: can employees take their holidays later?;
  • Belgian social security for non-EU nationals: the effects of section 3 tempered!

Recent Press Coverage

  • Arbeiders en bedienden gelijk, maar wie wint en wie verliest alleen? interview with Stefan Nerinckx (HR Square, 2012/09, #122, p. 12-14)
  • 15/09/2012 : Valkuilen bij het recruteren : interview with Stefan Nerinckx (Jobat, p.6-7)
  • 30/06/2012 : Vijf voor Twaalf voor eenheidsstatuut (actua : arbeiders en bedienden) quotes Stefan Nerinckx (Jobat, p.8)
     

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