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
