Remuneration

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    Remuneration conditions

    Concept

    An employer posting workers to Belgium must, for work carried out in Belgium, comply with the remuneration conditions (i.e. the minimum rates of pay (salary scales) and the other benefits and compensation) which must be paid in accordance with contractual provisions made compulsory by Royal Decree (i.e. collective labour agreements sanctioned under criminal law), with the exception of supplementary occupational retirement pension schemes.

    Minimal amounts of remuneration

    Derogation from the obligation of applying the Belgian remuneration conditions

    The employer who posts workers in Belgium does not have to apply the provisions of Belgian law regarding the remuneration conditions where the works to be performed fulfill certain cumulative conditions.

    Payment of the remuneration 

    If the remuneration is paid in Belgium, the payment should be carried out in accordance with particular rules laid down by the Act of 12 April 1965 on the protection of workers' wages and salaries. 

    Exemption from the obligation to hold the Belgian social records  

    Employers who post workers to Belgium may be exempted from the obligation to draw up and keep up for a period of 12 months certain Belgian social records regarding remuneration on basis of the equivalent foreign documents from the country of origin.    

    Joint and several liability regarding remuneration

    Where an employer does not (totally or partially) pay the remuneration owed to his/her employee, the Act of 12 April 1965 provides for systems of several and joint liability as regards remuneration. 

    Those systems of several and joint liability entitle the aforementioned employee, under certain conditions, to subsidiarily obtain payment of such an owed remuneration from third persons, i.e. the jointly liable persons.

    In case of posting of workers, two systems of joint liability may essentially apply :