Joint and several liability for unpaid wages - general scheme
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Joint and several liability for unpaid wages - General scheme |
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Activities (1) |
Minimum wage (2) |
Reference period (3) |
Effective application of the general scheme |
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Royal decree of 17/08/2013 implementing Articles 35/1 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some activities in the area of metal, mechanical and electrical constructions Belgian Official Gazette 28/08/2013 (JC 111) |
The works or services mentioned in the Royal decree defining the competence of the Joint committee for metal, mechanical and electrical constructions, which are also considered to be real estate works within the meaning of Article 20, § 2 of the Royal decree No 1 of 29 December 1992 concerning measures designed to secure the payment of value-added tax. |
The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has indirectly carried out by contractors or intermediate subcontractors. |
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Royal decree of 17/08/2013 implementing Articles 35/1, 35/2 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some activities in the food industry and in the food trade
Belgian Official Gazette 28/08/2013 (JC 118+119) Royal decree of 11/09/2013 amending the Royal decree of 17/08/2013 Belgian Official Gazette 19/09/2013 (JC 118+119) |
Works or services in the food industry or in the food trade which are listed in the annex to the Royal decree of 17/08/2013
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The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has carried out by contractors or intermediate subcontractors, either directly or indirectly. |
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Royal decree of 17/08/2013 implementing Articles 35/1, 35/2 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some cleaning activities
Belgian Official Gazette 28/08/2013 (JC 121)
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The works or services mentioned in the Royal decree defining the competence of the Joint committee for cleaning activities |
The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
- For cleaning activities which are not considered to be real estate works: the one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has carried out by contractors or intermediate subcontractors, either directly or indirectly.
- For cleaning activities which are considered to be real estate works: the one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has indirectly carried out by contractors or intermediate subcontractors. |
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Royal decree of 17/08/2013 implementing Articles 35/1 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some construction-related activities
Belgian Official Gazette 28/08/2013 (JC 124) |
The works or services mentioned in the Royal decree defining the competence of the Joint committee for the construction industry |
The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has indirectly carried out by contractors or intermediate subcontractors. |
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Royal decree of 17/08/2013 implementing Articles 35/1 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some activities in the furniture and wood-processing industry
Belgian Official Gazette 28/08/2013 (JC 126) |
The works or services mentioned in the Royal decree defining the competence of the Joint committee for the furniture and wood-processing industry, which are also considered to be real estate works within the meaning of Article 20, § 2 of the Royal decree No 1 of 29 December 1992 concerning measures designed to secure the payment of value-added tax.
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The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has indirectly carried out by contractors or intermediate subcontractors. |
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Royal decree of 24/04/2014 implementing Articles 35/1 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some transport activities
Belgian Official Gazette 06/05/2014 (JSC 140.03) |
N.B !
This Royal decree was annulled by the Council of State in its jugdement no 231.791 of 29 June 2015 |
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Joint and several liability for unpaid wages - General scheme |
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|
|
Activities (1) |
Minimum wage (2) |
Reference period (3) |
Effective application of the general scheme |
|
|
Royal decree of 17/08/2013 implementing Articles 35/1, 35/2 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some agricultural activities
Belgian Official Gazette 28/08/2013 (JC 144) |
The works or services mentioned in the Royal decree defining the competence of the Joint committee for agriculture |
The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has carried out by contractors or intermediate subcontractors, either directly or indirectly.
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Royal decree of 17/08/2013 implementing Articles 35/1, 35/2 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some horticultural activities
Belgian Official Gazette 28/08/2013 (JC 145) |
The works or services mentioned in the Royal decree defining the competence of the Joint committee for horticultural businesses
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The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has carried out by contractors or intermediate subcontractors, either directly or indirectly. |
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Royal decree of 17/08/2013 implementing Articles 35/1 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some electricity activities
Belgian Official Gazette 28/08/2013 (JSC 149.01) |
The works or services mentioned in the Royal decree defining the competence of the Joint sub-committee for electricians: installation and distribution, and which are also considered to be real estate works within the meaning of Article 20, § 2 of the Royal decree No 1 of 29 December 1992 concerning measures designed to secure the payment of value-added rtax.
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The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has indirectly carried out by contractors or intermediate subcontractors. |
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Royal decree of 17/08/2013 implementing Articles 35/1 and 35/3 of the Law of 12 April 1965 on the protection of workers’ wages and salaries, relating to joint and several liability for unpaid wages in the context of some guard and/or surveillance activities
Belgian Official Gazette 28/08/2013 (JC 317) |
The works or services mentioned in the Royal decree defining the competence of the Joint committee for guard and/or surveillance services. |
The wage to which the worker referred to in Article 35/3, § 3, paragraph 2, is entitled under the collective labour agreement concluded within the Joint committee or sub-committee to which he/she belongs. |
The one-year period before the notification referred to in Article 49/1 of the Social penal code, which cannot go back any further in time than the beginning of the work which the jointly and severally liable debtor has carried out by contractors or intermediate subcontractors, either directly or indirectly. |
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- Referred to in Article 35/1, § 1, 1 ° of the Law of 12 April 1965 on the protection of workers’ wages and salaries.
- Referred to in Article 35/3, § 3, 2 ° of the Law of 12 April 1965 on the protection of workers’ wages and salaries.
- Referred to in Article 35/3, § 3, 2 ° of the Law of 12 April 1965 on the protection of workers’ wages and salaries.