As from 1 January 2019 both salary ceilings, referred to in the Law of 3 July 1978 relating to the employment contracts, will be adapted as follows:
These salary ceilings are relevant with respect to the non-competition clause, the schooling clause and the arbitration clause.
For the commercial representatives the non-competition clause is valid only if the annual salary exceeds € 34,819.
For the other categories of workers the following applies:
The schooling clause is a clause, pursuant to which employees, who participate in a training or education program at the expense of their employer, undertake to reimburse a part of that cost if they resign within a period, as agreed upon.
A schooling clause is valid only if the gross annual salary exceeds the amount of € 34,819.
However, a training clause never applies in case of trainings or education programs for a profession or function that appears on the list of shortage occupations or difficult to fill positions.
This is a stipulation, according to which the employee and the employer undertake to submit possible future disputes to an arbitrator.
This stipulation is valid only for employees who meet both conditions:
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Both salary ceilings mentioned above, as they were applicable on 31 December 2013 (respectively € 32,254 and € 64,508), remain relevant for the determination of the notice period for white-collar workers, who are employed by their present employer prior to 1 January 2014.
Since the law on the unified status of blue-collar workers / white-collar workers, the total duration of the notice period is composed of two parts, notably:
For the first part of the notice period, apart of the time of service up to 31 December 2013, also the annual remuneration is to be taken into consideration as follows:
* The annual remuneration must be calculated by multiplying the gross monthly salary by 12, and adding the double holiday pay, the end-of-year bonus and all the benefits acquired under the contract.
In case of a variable remuneration, the amounts paid during the last 12 months preceding the moment at which the pay threshold is determined, must be taken into account.