December 2, 2010

As many of our readers may know, one of the criteria for a successful work permit (Type B) application in Belgium is a salary that meets a certain, specified minimum level.  This level is adjusted each calendar year.  New minimum salary levels for 2011, to be effective from 1 January 2011, have now been announced.

 New Minimum Salaries for 2011

  • Highly Qualified Foreign Employees: €36,604
  • Foreign Executives with a Managerial Position: €61,071

These levels are up from €36,355 and €60,654 respectively for 2010.

Who Is Affected?

All new applications for work permits (type B) from 1 January 2011 must meet the new minimum level.  In addition, all current work permit (type B) holders must be paid at least the minimum amount.  Salaries not meeting the 2011 level should be adjusted accordingly.

Can Per Diems and Allowances Be Included? 

For employees paid in Belgium, only salary on which Belgian social security is paid can count towards the minimum salary level.  For employees paid outside Belgium, only salary on which tax is paid can count towards the minimum salary level.  Therefore, per diems and allowances will typically not qualify.

ACTION ITEMS FOR EMPLOYERS 

Note that new applications must meet the new salary criteria, and that existing work permit (type B) holders must be paid according to the new minimum levels, with effect from 1 January 2011.

Caveat Lector | Warning to Reader 

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification.  Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in Belgium to provide you this update.