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Belgium – Authorities Set New 2020 Minimum Salary Criteria

Belgium – Authorities Set New 2020 Minimum Salary Crite

In Belgium, 2020 minimum salary criteria for specific categories of employees working in Belgium for whom no prior labour market investigation is required have been set by the immigration authorities. These minimum salary requirements are yearly updated and vary per region. Employers need to monitor whether salary requirements are met.

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Director, Global Mobility Services

KPMG in Belgium

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The Belgian immigration authorities have recently published the new minimum salary requirements for specific categories of employees working in Belgium for whom no prior labour market investigation is required.1  These minimum salary requirements are yearly updated and vary per region.  (For coverage of last year’s (2019) criteria, see GMS Flash Alert 2019-067, 3 April 2019.)

WHY THIS MATTERS

In order to obtain the appropriate permit allowing employment of non-European Economic Area (EEA) nationals in Belgium, the respective minimum salary requirements must be met.

Employers need to monitor whether salary requirements are met and need to budget for increases in order to help ensure the continued legal employment in Belgium of their workforce.

Non-compliance with these minimum salary requirements may lead to a finding by the authorities of illegal employment by the employer and consequently can lead to the imposition of administrative and/or penal sanctions on the employer 2:

  • Employing a non-EEA national without a legal right to work in Belgium can result in a penalty between €400.00 and €8,000.00 per infraction.
  • Employing a non-EEA national without a legal right to work and a legal right to reside in Belgium can result in a penalty between €2,400.00 and €48,000.00 per infraction.

New Minimum Salary Thresholds

(Source: KPMG Tax and Legal Advisers, Belgium)

Amounts for 2020) Brussels Region Walloon Region Flemish Region
Highly-skilled employees  € 42,869.00  € 42,869.00

€ 42,696.00

Management personnel € 71,521.00  € 71,521.00 € 68,314.00
EU Blue Card € 55,431.00  € 55,431.00 € 51,235.00
Trainee Min. salary (sector) Min. salary (sector) Sufficient means of existence
Mid-class N/A N/A Min. salary (sector)

KPMG NOTE

Prior to employing non-EEA nationals in Belgium, companies have to obtain a Belgian work permit, a Single Permit, or a European Blue card for these employees.  The conditions to obtain such a permit are very strict.  Except for specific categories of employees, a labour market investigation is also required.  Such investigations can be time consuming and can lead to a refusal to grant the permit by Belgium’s immigration authorities. 

FOOTNOTES

For the Brussels Region, click here.

For the Walloon Region, click here.

For the Flemish Region, click here.

2  For the Belgian Social Criminal Code (Article 175 on illegal employment of non-EEA nationals in Belgium) (in Flemish), click here.   

* Please note that KPMG LLP (U.S.) does not provide any immigration services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.   

 

The information contained in this newsletter was submitted by the KPMG International member firm in Belgium.

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© 2020 KPMG Tax and Legal Advisers, a Belgian civil CVBA/SCRL and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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