Respect the minimum remuneration under the ‘Parcel Delivery Act’

The introduction of the so-called Parcel Delivery Act aims to improve working conditions for couriers (parcel delivery workers). It also seeks to establish sustainable competition between postal service providers operating in the parcel delivery sector.

Scope of application

The ‘Parcel Delivery Act’ applies to the delivery of postal packages with or without commercial value, other than letter mail, with a maximum weight of 31.5 kg.

‘Delivery’ refers to the process ranging from sorting in delivery centres to the delivery of postal items to addressees (the so-called last mile):

• from Belgium to a Belgian address;
• from Belgium to an address abroad; or
• from abroad to a Belgian address.

Parcel delivery workers in charge of delivery can be either an employee or an independent natural person who delivers postal parcels on behalf of a postal parcel company (principal).

Note that self-delivery, i.e. the delivery of own packages (e.g. takeaway dishes) or having these delivered, is explicitly excluded from the scope of application of the law.

Introduction of various measures

The ‘Parcel Delivery Act’ introduced an amalgam of obligations. Recently published legislation clarifies the scope of certain obligations. 

Appointing a coordinator

Since 13 May 2024, both principals and subcontractors must appoint a coordinator who:

• informs parcel delivery workers of their rights and obligations;
• establishes a due diligence plan to identify potential risks of violations of the Parcel Delivery Act as well as the labour and social security law, and to eliminate these risks wherever possible.

A recently published Royal Decree clarifies the above.

Among other things, the coordinator must be able to demonstrate at least one year of employment in the postal sector. This person should be given sufficient time and resources to perform their role properly. The role can be filled internally or externally.

The coordinator’s name and contact details must be permanently displayed in a place easily accessible to parcel delivery workers.

Finally, the coordinator’s duties are further clarified.

Paying the minimum remuneration 

Since 1 July 2024, any postal service provider that provides or commissions a postal service is required to pay a certain minimum remuneration to their (sub)contractors.

The minimum remuneration includes:

• the minimum indexed hourly wage without seniority premium applicable to employee class R1 of the wage and job classification of mobile worker, as determined by sectoral collective labour agreements and applicable to employers and employees under the Joint Committee 140.03 for road transport and third-party logistics, plus employer charges;
• transport costs depending on the means of transport used:
• service provider with a bicycle;
• service provider with a motorised vehicle;
• other costs include:
• administrative and tax costs;
• the insurance policy fees.

A Ministerial Decree clarifies the method of calculating this.

Note that the above minimum hourly wage does not affect the employees’ right to be awarded the applicable minimum wage specifically applicable to the employee depending on the sector in which the employer operates.

Questions?

More information can be found on BELparcel website.

Source:

• Royal Decree of 26 March 2024 on the role of coordinator for postal service providers and subcontractors, Belgian Official Gazette of 3 May 2024;
• Royal Decree of 9 April 2024 laying down the calculation method of the elements of the minimum remuneration for parcel deliverers, Belgian Official Gazette of 23 April 2024;
• Opinion on the minimum remuneration for parcel deliverers, Belgian Official Gazette of 3 July 2024;
• Ministerial Decree of 21 June 2024 laying down the numeric values of the elements used for the calculation of the minimum remuneration for parcel deliverers, Belgian Official Gazette of 5 July 2024.