Payment of the remuneration
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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:
- The remuneration should be paid in the currency provided for by law in Belgium for persons working in Belgium.
- In principle, the remuneration cannot longer be paid in cash (handed over) to the worker but must be paid in scriptural (non-cash) money (transfer into a bank account, cheques, etc.).
Nonetheless, by way of derogation from such a principle, the payment in cash to the posted worker remains possible if permitted, within the Joint Committee (branch of activity), by a joint agreement, an implicit agreement or a practice.
Such a derogation has been implemented in certain Joint Committee (e.g. Joint Committee 144 Agricultural undertakings and Joint Committee 145 Horticultural undertakings.
If handed over to the worker in person, the employer should present the worker with a receipt which the worker should sign.
- The remuneration of manual workers should be in principle paid at fixed intervals, at least twice a month, with an interval of no more than 16 days.
The remuneration of clerical workers should be in principle paid at least once a month.
- The date of remuneration payment is determined by collective agreement or in the terms and conditions of employment.
Failing this, it should be paid no later than on the fourth working day following the period of work to which the payment relates.
- A remuneration statement is provided to the worker for each definitive payment.
Moreover, the employer must each year draw up an individual account for every worker he employs.
On an annual basis, this document should indicate all the work performed by the worker and the remuneration paid to him.
These two documents enable the labour inspectorate to verify whether the minimum remuneration scales have been complied with.
NB : Employers who post workers to Belgium are exempt from the obligation to draw up and keep up to date the individual account and the remuneration statement for a period of 12 months provided that they keep equivalent foreign documents from the country of origin at the disposal of the inspection services, whether those inspection services request it.