- Leila Mstoian - Marcel Houben
- salary ceiling
As from 1 January 2018 both salary ceilings, referred to in the Law of 3 July 1978 relating to the employment contracts, are adapted.
The salary ceilings are adapted annually, as from 1 January, in consideration of the evolution of the salaries, as fixed in accordance with the collective labour agreements for the private sector.
As from 1 January 2018 both salary ceilings, referred to in the Law of 3 July 1978 relating to the employment contracts, are adapted as follows:
These salary ceilings are relevant with respect to the non-competition clause, the schooling
clause and the arbitration clause.
For the commercial representatives the non-competition clause is valid only if the annual salary exceeds € 34,180.
For the other categories of workers the following applies:
The schooling clause is a clause, pursuant to which employees, who participate in a training or
education program at the expense of the employer, undertake to reimburse a part of that cost if
they resign within a period, as agreed upon.
A schooling clause is valid only if the gross annual salary exceeds the amount of € 34,180.
This is a stipulation, according to which the employee and the employer undertake to submit
possible future disputes to an arbitrator.
This stipulation is valid only for employees who meet both conditions:
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Both salary ceilings mentioned above, as applicable on 31 December 2013 (respectively € 32,254 and € 64,508), remain relevant for the determination of the notice periods for white-collar workers, who were employed by their present employer on 31 December 2013, particularly with respect to the determination of the length of the notice period based on time of service up to 31 December 2013.
Since the law on the unified status blue-collar workers / white-collar workers, the total duration of the notice period is composed of two parts, that is, a first part based on the time of service up to 31 December 2013 and a second part based on the time of service as from 1 January 2014 up to the date of the notification of the notice (or the date of termination with immediate effect).
For the first part of the notice period, apart of the time of service up to 31 December 2013, also the annual remuneration is to be taken into consideration as follows: