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10Jan

Date social elections – salary thresholds 2007

 

Social elections

The National Labour Council proposes organising the next in-house ‘social elections’ (sociale verkiezingen/élections sociales) in the period commencing 5 May 2008 and ending 18 May 2008.

However, these election dates still have to be set down in a royal decree.

In-house social elections are organised every 4 years to elect union representatives and staff representatives who sit on the Health and Safety at Work Committee and the Works Council.

* * *
Salary thresholds

As from 1 January 2007, the following figures apply for the purposes of the Employment Contracts Act of 3 July 1978:

- EUR 28.093
- EUR 33.677
- EUR 56.187

These salary figures affect inter alia the length of the probationary period and dismissal notice periods for white-collar workers, the non-competition provisions for white-collar workers and the right of entry into Belgium for highly qualified workers and managerial employees.

These salary figures apply as follows:

Probationary period for white-collar workers:
- annual salary smaller or equal to EUR 33.677: maximum 6 months
- annual salary higher than EUR 33.677: maximum 12 months

Notice period for white-collar workers where notice served by the employer:
- annual salary smaller or equal to EUR 28.093 (low-grade white-collar workers): statutory minimum notice period of 3 months per 5-year period of seniority commenced
- annual salary higher than EUR 28.093 but not higher than EUR 56.187: to be mutually agreed by the parties upon dismissal, but no less than the notice period for low-grade white-collar workers
- annual salary higher than EUR 56.187: may be set down in employment contract, but no less than the notice period for low-grade white-collar workers

Non-competition provisions for white-collar workers:
- annual salary smaller or equal to EUR 28.093: prohibited
- annual salary higher than EUR 28.093 but not higher than EUR 56.187: only for positions agreed by Collective Bargaining Agreement
- annual salary higher than EUR 56.187: only prohibited for positions agreed by Collective Bargaining Agreement

Obligation to apply for a work permit:
- for highly-qualified workers: annual salary higher than EUR 33.677
- for managerial functions: annual salary higher than EUR 56.187

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