Wage thresholds with regard to employment contracts for 2021

Author: Catherine Legardien (Legal Expert)
Date:

On 1 January 2021, the annual wage thresholds for the application of certain provisions of the Employment Contract Act of 3.7.1978 will be subject to adaptation following the annual indexation.

Legal provisions

employment contracts

Annual wage thresholds (1) in force in 2020

Annual wage thresholds (1) in force in 2021

Non-competition clause

- clause prohibited if wages are equal to:

- clause authorised for positions laid down in the CBA (collective bargaining agreement), if wages are:

- clause authorised except for positions prohibited by CBA, if wages are equal to:

 

€ 35,761 and –

between + € 35,761 and € 71,523

+ € 71,523

 

€ 36,201 and –

between + € 36,201 and € 72,402

+ € 72,402

Arbitration clause

- clause prohibited if wages are equal to:

- clause authorised if wages are equal to:

 

€ 71,523 and –

+ € 71,523

 

€ 72,402 and –

+ € 72,402

Training clause

- clause prohibited (2) if wages are equal to:

- clause authorised if wages are equal to:

 

€ 35,761 and –

+ € 35,761

 

€ 36,201 and –

+ € 36,201

(1) Annual wage is understood to mean the monthly gross wages, recalculated over a year (= monthly gross wage x 12). To this are added the double holiday pay, the end-of-year bonus and all the benefits that are obtained under the contract.

The amounts paid during the 12 last months preceding the point in time to determine the wage threshold must be taken into account if wages are variable.

(2) Unless the clause concerns training for an occupation or position included on the Regions' lists of bottleneck occupations or hard-to-fill positions.

 

Source: Adaptation on 1 January 2021 of the wage amounts determined by the Employment Contract Act of 3 July 1978 to the general index of conventional wages for non-manual workers (article 131), Belgian Official Gazette of 9 December 2020.

 

The Partena Professional website is a channel for making information available in an understandable form to affiliated members and non-members.

Partena Professional strives to provide up-to-date information and this information is compiled with the greatest care (including in the form of Infoflashes).

However, as social and fiscal legislation is constantly changing, Partena Professional cannot accept any liability for the correctness, the up-to-date or the completeness of the information consulted or exchanged via this website.

Further provisions can be read in our general disclaimer that applies to every consultation of this website. By consulting this website, you expressly accept the provisions of this disclaimer. Partena Professional can unilaterally change the content of this disclaimer.