The Flemish and Brussels regional 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.  These minimum salary requirements are yearly updated and vary per region (see GMS Flash Alert 2020-435 (21 October 2020) for last year’s coverage).

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 employer1:

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

Employing a non-EEA national without a legal right to work nor a legal right to reside in Belgium can result in a penalty between EUR 2,400.00 and EUR 48,000.00 per infraction.  In addition to the fines, in theory, a sentence of imprisonment of six months to three years may be imposed.

New Minimum Salary Thresholds

The Flemish and the Brussels authorities have communicated the increased amounts for 2022.  The Walloon authorities are still to publish their new 2022 minimum salary thresholds.  These amounts might deviate from the amounts as applicable for the Flemish and Brussels regions in 2022.

Amounts for 2022

Brussels Region2

Walloon Region

Flemish Region3

Highly-skilled employees

EUR 44,097

TBC

EUR 45,096*

Management personnel

EUR 73,570

TBC

EUR 72,154

Intra-Corporate Transferee (specialist)

EUR 45,616

TBC

EUR 45,096

Intra-Corporate Transferee (trainee)

EUR 28,509

TBC

EUR 45,096

Intra-Corporate Transferee (Management)

EUR 57,019

TBC

EUR 72,154

EU Blue Card

EUR 57,019

TBC

EUR 54,115

Trainee

Min. salary (sector)

Min. salary (sector)

Sufficient means of existence

Medium-skilled employees in bottleneck professions

N/A

N/A

Min. salary (sector)

 

* For employees with a local Belgian contract working in the Flemish Region and under 30 years of age, the amount is EUR 36.076,80. The higher amount needs to be met as soon as the employee turns 30.

KPMG NOTE

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

FOOTNOTES

1  Article 175 of the Belgian Social Penal Code, “Sociaal Strafwetboek/ Code pénal social”: https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&cn=2010060607&table_name=wet .

Federal Public Service Employment, Labour and Social Dialogue, Belgian Immigration Office, “Poursuites pénales” at: https://emploi.belgique.be/fr/propos-du-spf/infractions/cheminement-dun-proces-verbal/poursuites-penales .

2  Minimum salary thresholds for the Brussels Region: dedicated Single Permit page of the official website of the Brussels government.

3  Minimum salary thresholds for the Flemish Region: dedicated Single Permit page of the official website of the Flemish government.

Please note that KPMG LLP (U.S.) does not offer immigration services or labour law 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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