BELGIUM -MINIMUM WAGE THRESHOLD FLANDERS REGION -2021

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The minimum wage threshold applicable in Flanders Region, as of 1 January 2021 :

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FLANDERS REGION

Highly qualified workers

43.524/34.819,20*

Managerial positions

69.638

EU Blue Card

52.229

ICT EU Manager

69.638

ICT EU expert

43.524

ICT EU trainee

43.524

* Highly qualified workers employed in Belgium(by and undertaking established in Belgium) , below 30 years of age or employed as a nurse

Remarks :

  • Regardless when the third-country national has commenced local employment/assignment in Belgium, provided that the remuneration actually paid is below the amounts above referred to, the indexation is due as of 1 January 2021
  • The amounts above referred to represent the compensation for the work carried out, and must be known with certitude before the commencement of local employment/assignment in Belgium
  • As regards  employees posted, the amounts above referred to are exclusive of allowances that are paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging. The employer shall reimburse the employee posted for such expenditure in accordance with the national law and/or practice applicable to the employment relationship. Where the terms and conditions of employment applicable to the employment relationship do not determine whether and, if so, which elements of the allowance specific to the posting are paid in reimbursement of expenditure actually incurred on account of the posting or which are part of remuneration, then the entire allowance (i.e. allowance specific to the posting), shall be considered to be paid in reimbursement of expenditure. With simple words, the letter of assignment and the payslips must contain a detailed breakdown of the remuneration and allowances paid in reimbursement of expenditure.
  • As regards employees posted, during the  first period of 12/18 months, employers posting employees to Belgium, are bound by the terms and conditions of work, remuneration and employment laid down by legal and regulatory provisions subject to criminal sanctions and  determined by binding collective agreements concluded according to the Law on collective agreements of 5 December 1968;  after the first period of 12/18 months, employers are bound by terms and conditions of employment : laid down by legal and regulatory provisions, except for procedures, formalities and conditions of the conclusion and termination of employment contracts, including non-competition clauses and  determined by binding collective agreements concluded according to the Law on collective agreements of 5 December 1968, except for: a) procedures, formalities and conditions of  conclusion and termination of employment contracts, including non-competition clauses b) supplementary occupational retirement pension schemes
  • Under the ICT EU scheme (intra corporate transfer EU scheme), provided that the minimum wage threshold above referred to is not met, the authority shall assess the case in view of determining whether the  remuneration granted to the third-country national during the entire intra-corporate transfer, is not less favourable than the remuneration granted to nationals of Belgium, occupying comparable positions, in accordance with applicable laws or collective agreements or practices.

Tanel Feldman

Senior Partner , Immigration Law Associates

Immigration Law Associates provides in-depth advice on rights and obligations triggered by the cross-border element of a given legal situation. Our know-how is built on an extensive experience in EU law and is supported by a network of partners across the EU. Social security coordination : • Autonomous application of the social security coordination regulations and ECJ case-law, to any situation involves a cross-border element EU Company law : • Establishment -permanent activities • Establishment -self-employment activities International Private Law : • Law applicable to the employment relationship Labour and employment law : • Freedom of movement of workers-equal treatment, access to social benefits • Employment contracts and termination of employment • Working conditions • Employee benefits • Transfer of undertakings • Authorisations of work for third-country nationals Special regimes : • Posted workers • Frontier workers • Highly mobile workers • Employment of record • Intra-EU mobility of third-country nationals

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