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Contract categories 3 distinctions if the work is manual (worker) or intellectual (employee) if time is limited or not if the work is full-time or not.

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Presentation on theme: "Contract categories 3 distinctions if the work is manual (worker) or intellectual (employee) if time is limited or not if the work is full-time or not."— Presentation transcript:

1 Contract categories 3 distinctions if the work is manual (worker) or intellectual (employee) if time is limited or not if the work is full-time or not

2 Contract duration 2 types : fixed-term contract : with time limit or work limit indefinite contract : no limit Probation : Employee: 1 to 12 months salary Worker: 7 to 14 days Remuneration: Employee: monthly Worker: Hourly Wage

3 Terms for holidays General terms : 25 days a year for a complete working year Adoption holiday Duration : from 4 to 6 weeks. Remuneration : normal remuneration responsible for the first 3 days. The rest : allowance. Maternity holiday Duration : a worker who is going to give birth : 15 weeks. Remuneration : 60 % of the remuneration.

4 Terms for holidays Adoption leave Duration : maximum 6 days. No remuneration during 6 days. Reasons of the vacation : contact with people who are important for the child or the placed person. Paid Educational leave Preservation of the remuneration Condition : being used on the private sector; being full-time occupied, being occupied under contract of employment.

5 Vacation for palliative care Total or partial vacation (work 1/5) => 1 extendable month Parental leave 3 months = No work ; 6 months = ½ time work ; 15 months = 1/5 time work Conditions : Between birth and 12 years and vacation fractionnable in months Paternity leave 10 days within the 4 months following the child's birth. Salary Private worker : complete salary: 3 days (employer) and 82 %: 7 days (Social Security) Public worker : complete salary during 10 days Terms for holidays

6 Working time and time table Working time 38h per week and 8 h per day A week is between Monday to Saturday with a day off, sunday is a day off ( by the law) Overtime is possible with extra salary or a day off Workers may be employed on Sundays in companies or for execution of works determined by a specific Royal Decree

7 Working on Sundays Exemptions for retail (ex : butchers, bakeries, food stores,...) Exemptions for organized labor in successive shifts Compensatory rest for a service performed on Sunday

8 Working on public holidays Generally, only the private sector workers are covered : In this case, the worker is entitled to a compensatory rest. Public hollidays : January 1, On Easter Monday, May 1 (Labor Day) The Ascension Whit Monday, July 21 (National Day) August 15 (Assumption) November 1 (All Saints) November 11 (Armistice Day) December 25 (Christmas).

9 Dismissal fixed-term contract : No possibility to terminate the contract. If there is a rupture of one of the parties, then the allowance is equal to the amount of the contract indefinite contract : the notice period is determined by a mutual agreement between the two parties, the general rule is that the length of the notice period varies according to the age and originally part of the break (employer or employee).

10 Notice period Time workers notice Less than 20 years seniority Dismissal by the employer 28 days (4 weeks) Resignation of worker 14 days (2 weeks) More than 20 years seniority Dismissal by the employer 56 days (8 weeks) Resignation of worker 28 days (4 weeks)

11 Notice period Time employees notice Annual earnings lower than 32,254 Notice given by the employer for each period of five years of service, the notice period is 3 months Notice given by the employee Under 5 years of service, the notice period is 1.5 month upper 5 years of service, the notice period is 3 months When the employer gives notice, the employee may in turn terminate the contract at a reduced notice when he's found another job. It is 1 month

12 Notice period Time employees notice Annual earnings lower than 32,254 Notice given by the employer for each period of five years of service, the notice period is 3 months Notice given by the employee Under 5 years of service, the notice period is 1.5 month upper 5 years of service, the notice period is 3 months When the employer gives notice, the employee may in turn terminate the contract at a reduced notice when he's found another job. It is 1 month

13 Notice period Time employees notice Annual earnings between 32,254 and 64,508 Notice given by the employee years of service, the notice period is 1.5 month years of service, the notice period is 3 months over 10 years of service, the notice period is 4.5 months When the employer gives notice, the employee may in turn terminate the contract at a reduced notice when he's found another job. It is 2 month

14 Notice period Time employees notice Annual earnings higher 64,508 Notice given by the employee years of service, the notice period is 1.5 month years of service, the notice period is 3 months years of service, the notice period is 4.5 months over 15 years of service, the notice period is 6 months When the employer gives notice, the employee may in turn terminate the contract at a reduced notice when he's found another job. It is 4 month

15 Collective dismissal For one or more reasons not related to the individual workers, which affects over a reasonable period of 60 days, at least the following number of workers : Between 20 and 100 : 10 Between 100 and 300 : 10% of workers Over 300 : 30

16 Collective labor agreement(s) It's an agreement between one / several workers' organization(s) and / or more employers' organization(s) a / several employers This CLA is an important agreement and a source for the law

17 Minimun wage In Belgium, there is a minimum wage set by CLA. This wage depends on age and years of service : Minimum wage for workers under 21 : Âge% Per month / Hour (38h / week) Hour (39h / week) ,498,438, ,247,927, ,997,427, ,746,916, ,496,406,24 16 et moins70 971,245,905,75


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