The indexed salary thresholds have been published in the Belgian Official Gazette of 22 November 2011. The new amounts for 2012 are 31.467 EUR, 37.721 EUR and 62.934 EUR.
Under Belgian labour law, a distinction is made in various provisions between different categories of employees on the basis of their gross annual salary (including all benefits).
Best known are the annual salary thresholds that distinguish the lower level, the higher level and the highest level employees for the determination of the applicable notice period. The annual salary thresholds are also used to assess the validity of a non-compete or arbitration clause or to evaluate the duration of the probationary period.
The annual salary thresholds are indexed each year. Hereunder you will find an overview of the most important applications of the annual salary thresholds with the new amounts for 2012:
For the determination of the notice period for white-collar employees:
- Lower level employees: annual salary of maximum 31.467 EUR
- Higher level employees: annual salary between 31.467 EUR and 62.934 EUR
- Highest level employees: annual salary exceeding 62.934 EUR at the moment of entering into service
Probationary period for white-collar employees:
- Probationary period of maximum 6 months, if the annual salary does not exceed 37.721 EUR
- Probationary period of maximum 12 months, if the annual salary exceeds 37.721 EUR
Non-compete clause for white-collar employees:
- Considered as non-existing, if the annual salary is lower than 31.467 EUR
- Applicable to certain functions, indicated in sectoral CAO, if the annual salary is between 31.467 EUR and 62.934 EUR (provided that the other conditions are met)
- Applicable, unless the function was excluded in a secoral CAO, if the annual salary exceeds 62.934 EUR (provided that the other conditions are met)
Non-compete clause for sales representatives:
- Considered as non-existing, if the annual salary is lower than 31.467 EUR
- Applicable, if the annual salary exceeds 31.467 EUR (provided that the other conditions are met)
Work permits for the employment of foreign employees:
- Highly skilled personnel: annual salary exceeding 37.721 EUR
- Executive-level personnel: annual salary exceeding 62.934 EUR
