Young workers and minimum average monthly income on 01/01/2015

As from 1 January 2015, no more degressivity rates shall be applicable to the minimum average monthly income of young workers aged 18, 19 and 20 years.

Reminder: in the 1st quarter of 2013, the social partners agreed to phase out the reduced minimum wages for young workers aged 18 to under 21 years who work with an employment contract.

This phasing out has been enforced in 3 stages (see below) and has given rise to the conclusion of 3 interprofessional collective bargaining agreements (cba no. 43duodecies, 43terdecies and 50bis, all declared binding by Royal Decree of 10 October 2013 – Moniteur Belge 22/10/2013, 2nd Ed.).

1) As from 1 April 2013 (transitional period)

Since 1 April 2013, young workers aged 18, 19 and 20 years are entitled to a minimum average monthly income amounting to the percentages below. These percentages were applied to the income that was guaranteed to workers aged 21 years and over (EUR 1,501.82 on 01/04/2013):

• aged 20 years: 96 % (on a fixed amount of EUR 1,501.82 on 01/04/2013);
• aged 19 years: 92 % (on a fixed amount of EUR 1,501.82 on 01/04/2013);
• aged 18 years: 88 % (on a fixed amount of EUR 1,501.82 on 01/04/2013);

Moreover, the above minimum wages have become a mandatory minimum income for all sectors. Consequently, these minimum wages could not be applied supplementary.

2) As from 1 January 2014 (transitional period)

The percentage to be applied to the income that is guaranteed to workers aged 21 years and over has been further increased on 1 January 2014.

As from that date, workers aged 18, 19 and 20 years are entitled to a minimum average monthly income amounting to the percentages below. These percentages had to be applied to the income that was guaranteed to workers aged 21 years and over (EUR 1,501.82 since 01/04/2014):

• aged 20 years: 98 % (on a fixed amount of EUR 1,501.82 on 01/04/2014);
• aged 19 years: 96 % (on a fixed amount of EUR 1,501.82 on 01/04/2014);
• aged 18 years: 94 % (on a fixed amount of EUR 1,501.82 on 01/04/2014);

3) As from 1 January 2015 (definitive system)

As from 1 January 2015, there will be no more degressivity rates for young workers aged 18, 19 and 20 years.

The minimum income for these young workers is henceforth established in accordance with the data in the table below, according to their length of service in the company.

However, for young workers aged 16 and 17 years, collective bargaining agreement no. 50 and a degressive rate will remain applicable. See the comments below the table.

(1) As from 1 January 2015, the length of service condition is no longer required for workers aged 21 years and over.

(2) However, for the granting of this amount, the young worker must have a length of service of 12 months in the company.

(3) However, for the granting of this amount, the young worker must have a length of service of 6 months in the company.

(4) This is the amount of the minimum average monthly income on 31/12/2014 as granted to a worker aged 21 years or over with less than 6 months length of service.

(5) Degressive rate applied to the minimum average monthly income granted as from 1 January 2015 to a young worker aged 18 years.

Remarks

• Young workers aged 17 years and under who work with an employment contract shall remain liable to the supplementary application of the collective bargaining agreement no. 50, i.e. a percentage of the guaranteed income as defined in the collective bargaining agreement no. 43 (amounting to 76 % for a young worker aged 17 years and 70 % for a worker aged 16 years and under). 
• Young workers aged under 21 years who are bound by an employment contract for students and young workers under 21 years who are involved in work-lined training (e.g. apprenticeship contract, 'convention d'insertion socioprofessionnelle', vocational immersion contract, 'contrat d'alternance'), shall remain liable to the supplementary system of the collective bargaining agreement no. 50 (see above). 
• Reminder, the guaranteed minimum income provided by the collective bargaining agreement no. 50 does not apply to young workers who are employed in a family business or who are usually employed for periods of less than one calendar month (e.g. seasonal workers, students).

FR/NL

Auteur: Francis Verbrugge

18/12/2014