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Remuneration

Remuneration conditions

Concept

An employer posting workers to Belgium must, for work carried out in Belgium, comply with the remuneration conditions (i.e. the minimum rates of pay (salary scales) and the other benefits and compensation) which must be paid in accordance with generally binding collective agreements (i.e. subject to criminal law), with the exception of supplementary occupational retirement pension schemes.


Minimal amounts of remuneration

  • Minimal amounts of remuneration laid down by National (inter-professional) collective agreement
     
     
    If your undertaking belongs to a sector for which the joint committee has not laid down any minimum remuneration amount, the level applicable is the average minimum monthly income that has been determined at inter-professional level (i.e. applicable throughout the whole private sector in Belgium).

    From 1 Juny 2016 this is:    

                           - €1531,93 for workers aged 18 and more,
                           - €1572,58 for workers who are at least 19 years old and having at least  6 months of seniority,
                           - €1590,64 for workers who are at least 20 years old and having at least 12 months of seniority. 

  • More information regarding the minimum remuneration conditions to be applied can be obtained by contacting the Belgian Labour Inspectorate by using the following email adress : SPOC.LabourInspection@employment.belgium.be.

Derogation from the obligation of applying the collective agreements declared to be generally binding regarding the minimum remuneration conditions. 

The employer who posts workers in Belgium does not have to apply the collective agreements declared being generally binding (i.e. those subject to criminal law) and which lay down the minimum  remuneration conditions of gainfully employed persons where the works to be performed fulfill certain cumulative conditions.  

Payment of the remuneration 

If the remuneration is paid in Belgium, the payment should be carried out in accordance with particular rules laid down by the Act of 12 April 1965 on the protection of workers wages and salaries. 

Exemption from the obligation to hold the Belgian social records  

Employers who post workers to Belgium may be exempted from the obligation to draw up and keep up for a period of 12 months certain Belgian social records regarding remuneration on basis of the equivalent foreign documents from the country of origin.    

Joint and several liability regarding remuneration


Where an employer does not (totally or partially) pay the remuneration owed to his/her employee, the Act of 12 April 1965 provides for systems of several and joint liability as regards remuneration. 

Those systems of several and joint liability entitle the aforementioned employee, under certain conditions, to subsidiarily obtain payment of such an owed remuneration from third persons, i.e. the jointly liable persons.

In case of posting of workers, two systems of joint liability may essentially apply : 

  • A general system of joint and several liability :

    see the following links in that regard : in French and in Dutch.
     
  • A specific system exclusively concerning the joint and several liability of the direct contractor in case of building activities :

    see the following links in that regard : in French and in Dutch

 

 


FPS Employment, Labour and Social Dialogue

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