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08Dec

Salary thresholds 2009

 

As from 1 January 2009, the following figures apply for the purposes of the Employment Contracts Act of 3 July 1978:

EUR 29.729
EUR 35.638
EUR 59.460

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 qualification as highly qualified worker, managerial employee and executive staff member according to the legislation on work permits.

These salary figures apply as follows:

probationary period for white-collar workers:
- annual salary <= EUR 35.638: maximum 6 months
- annual salary > EUR 35.638: maximum 12 months

notice period for white-collar workers where notice served by the employer:
- annual salary <= EUR 29.729 (low-grade white-collar workers): statutory minimum notice period of 3 months per 5-year period of seniority commenced
- annual salary > EUR 29.729 but not higher than EUR 59.460: to be mutually agreed by the parties upon dismissal, but no less than the notice period for low-grade white-collar workers
- annual salary > EUR 59.460: 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 <= EUR 29.729 : prohibited
- annual salary > EUR 29.729 but not higher than EUR 59.460: only for positions agreed by Collective Bargaining Agreement
- annual salary > EUR 59.460: only prohibited for positions agreed by Collective Bargaining Agreement

obligation to apply for a work permit:
- for highly-qualified workers: annual salary > EUR 35.638
- for managerial functions: annual salary > EUR 59.460

exemption to apply for a work permit:
- for executive staff in service of a Belgian headquarter: annual salary > EUR 59.460

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