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From now on, only a sectoral collective labour agreement (CLA) can introduce derogations from the method for calculating holiday pay on the variable remuneration of non-manual workers who are partially paid with a variable wage.
As a reminder, until now, for non-manual workers partially paid with a fixed wage and partially with a variable wage, it was possible to derogate from the method for calculating the single and double holiday pay as regards the variable part, both via a company and a sectoral CLA.
As of 19 May 2022, these derogations are still possible, but only via a sectoral CLA.
However, CLAs that were already in existence on 19 May 2022, will continue to apply, whether or not they have been concluded at the sector level.
Source: Royal Decree of 24 April 2022 amending article 39 of the Royal Decree of 30 March 1967 determining the general terms and conditions for the implementation of the laws relating to the annual holidays of workers, Belgian Official Gazette of 9 May 2022.
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