28/11/12

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

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

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