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Contract categories

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. Contract duration. 2 types : fixed-term contract : with time limit or work limit indefinite contract : no limit Probation :

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Contract categories

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  1. Contractcategories 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. Contractduration • 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. 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. Termsforholidays

  4. Terms for holidays • Adoption leaveDuration : 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 leavePreservation of the remunerationCondition : being used on the private sector; being full-time occupied, being occupied under contract of employment.

  5. Terms for holidays • Vacation for palliative careTotal or partial vacation (work 1/5) => 1 extendable month • Parental leave3 months = No work ; 6 months = ½ time work ; 15 months = 1/5 time workConditions : Between birth and 12 years and vacation fractionnable in months • Paternity leave10 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

  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. August 15 (Assumption) November 1 (All Saints) November 11 (Armistice Day) December 25 (Christmas). 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)

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

  11. Notice periodTime 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 periodTime 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 periodTime employees notice • Annual earnings between € 32,254 and € 64,508 • Notice given by the employee 0 - 5 years of service, the notice period is 1.5 month 5 - 10 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 periodTime employees notice • Annual earnings higher € 64,508 • Notice given by the employee 0 - 5 years of service, the notice period is 1.5 month 5 - 10 years of service, the notice period is 3 months 10 - 15 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 :

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