We refer to the HRS Headline of 29 October 2009 regarding the salary thresholds of 2010, which were published in the Belgian Official Gazette of 27 October 2009.

The authorities made an error in the calculation of the salary thresholds of 2010. Consequently, the corrected salary thresholds of 2010 were published in the Belgian Official Gazette of 9 December 2010. As from 1 January 2010, the following figures apply for the purposes of the Employment Contracts Act of 3 July 1978:

EUR 30.327
EUR 36.355
EUR 60.654

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 36.355: maximum 6 months
- annual salary > EUR 36.355: maximum 12 months

notice period for white-collar workers where notice served by the employer:
- annual salary <= EUR 30.327 (low-grade white-collar workers): statutory minimum notice period of 3 months per 5-year period of seniority commenced
- annual salary > EUR 30.327 but not higher than EUR 60.654: 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 60.654: 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 30.327 : prohibited
- annual salary > EUR 30.327 but not higher than EUR 60.654: only for positions agreed by Collective Bargaining Agreement
- annual salary > EUR 60.654: only prohibited for positions agreed by Collective Bargaining Agreement

obligation to apply for a work permit:
- for highly-qualified workers: annual salary > EUR 36.355
- for managerial functions: annual salary > EUR 60.654

exemption to apply for a work permit:
- for executive staff in service of a Belgian headquarter: annual salary > EUR 60.654

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Original headline : Salary thresholds 2010

As from 1 January 2010, the following figures apply for the purposes of the Employment Contracts Act of 3 July 1978:

EUR 30.322
EUR 36.349
EUR 60.645

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 36.349: maximum 6 months
- annual salary > EUR 36.349: maximum 12 months

notice period for white-collar workers where notice served by the employer:
- annual salary <= EUR 30.322 (low-grade white-collar workers): statutory minimum notice period of 3 months per 5-year period of seniority commenced
- annual salary > EUR 30.322 but not higher than EUR 60.645: 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 60.645: 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 30.322 : prohibited
- annual salary > EUR 30.322 but not higher than EUR 60.645: only for positions agreed by Collective Bargaining Agreement
- annual salary > EUR 60.645: only prohibited for positions agreed by Collective Bargaining Agreement

obligation to apply for a work permit:
- for highly-qualified workers: annual salary > EUR 36.349
- for managerial functions: annual salary > EUR 60.645

exemption to apply for a work permit:
- for executive staff in service of a Belgian headquarter: annual salary > EUR 60.645