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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 authorised if wages are equal to:
€ 71,523 and –
€ 72,402 and –
Training clause
- clause prohibited (2) if wages are equal to:
+ € 35,761
+ € 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.
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