Locations
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.
- 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)