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Belgium - Compensation & Benefit Legislation

CAPITAL

Brussels

 

CLIMATE

Temperate. Mild winters but summers are generally, cool , rainy, humid and cloudy.

 

LANGUAGES

Dutch (58%), French (32%) and German (10%).

 

LEGAL SYSTEM

Civil law system influenced by English constitutional theory. Judicial review of legislative acts. Accepts compulsory ICJ jurisdiction, with reservations.

 

CURRENCY

Euros (1 USD = 1.07090 EUR as of June 1, 2002)

 

BELGIUM - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

BELGIUM - EMBASSY/CONSULATES

U.S. Embassy at Brussels

27 Boulevard du Regent

B-1000 Brussels PSC 82, Box 002

APO AE 09724

Brussels, Belgium

Telephone: [32] (2) 508-2111

Fax: [32] (2) 512-6653

http://www.usembassy.be

 

Embassy of Belgium at Washington D.C.

3330 Garfield Street N.W.

Washington D.C. 20008

Telephone: (202) 333-6900

Fax: (202) 333-3079

http://www.embassy.org/embassies/be.html

 

BELGIUM - HOLIDAYS

 

BELGIUM - MINIMUM AGE

The minimum age for employment of children is 15, but schooling is compulsory until the age of 18. The Government prohibits forced and bonded child labor and enforces this prohibition effectively. Youths between the ages of 15 and 18 may participate in part-time work/study programs and may work full time during school vacations. The labor courts effectively monitor compliance with national laws and standards.

 

(Section 6.d. Status of Child Labor Practices and Minimum Age for Employment, Belgium - Report of Human Rights Practices, 2000, U.S. Department of State.)

 

BELGIUM - MINIMUM REMUNERATION

The monthly national minimum wage rate for workers over 21 years of age as of June 2001 was 1,140 Euro. 18-year-olds must be paid at least 82 percent of the minimum, 19-year-olds 88 percent, and 20-year-olds 94 percent. The minimum wage rate, coupled with extensive social benefits, provides workers with a standard of living appropriate to a highly developed nation. Minimum wages in the private sector are set in biennial, nationwide collective bargaining meetings(see Section 6.b.), which lead to formal agreements signed in the National Labor Council and made mandatory by royal decree for the entire private sector. In the public sector, the minimum wage is determined in negotiations between the Government and the public service unions. The Ministry of Labor effectively enforces the law regarding minimum wages.

 

BELGIUM - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

BELGIUM - REPORT OF HUMAN RIGHTS PRACTICES (2000, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a.      The Right of Association

 

Under the Constitution, workers have the right to associate freely, which includes the freedom to organize and join unions of their own choosing. The Government does not limit such activities, and workers fully and freely exercise their right of association. Approximately 60 percent of employed and unemployed workers are members of labor unions. Unions are independent of the Government but have important links with major political parties. The Government does not require unions to register.

 

In its 1999 report, the ILO's Committee of Experts on the Application of Conventions and Recommendations reiterated its criticism that the Government should adopt legislation establishing "objective, predetermined, and detailed criteria" to enable employers' organizations and trade unions to have access to the National Labor Council. Because of restrictive interpretation of the legislation in force, only the Christian, Socialist, and Liberal trade union confederations have access to the National Labor Council. The Government has taken no action on the issue.

 

Organized workers, including civil servants, have the right to strike; however, members of the merchant marine, the military, and magistrates do not. The federal and local police forces have the right to strike; however, the Government can order necessary personnel back to work to maintain law and order. Even though many strikes begin as wildcat actions, strikers are not prosecuted for failure to observe strike procedures in collective bargaining agreements. Crimes committed during a strike action, such as causing bodily harm or damage to property, are clearly illegal strike methods, which the authorities prosecute. The size and frequency of strikes increased over those held in 2000. The most prominent strikes during the year concerned collective bargaining for postal workers and education workers and the demise of the national airline, Sabena.

 

A 2000 report published by the International Confederation of Free Trade Unions (ICFTU) stated that for several years employers made applications to civil courts to end strikes. The ICFTU report added that civil court judges often ruled in the employers' favor without giving a hearing to the unions, tending to end strikes under the threat of massive fines and prohibit picketing. Under the law, unions are subject to third-party lawsuits for damages suffered due to strikes.

 

Unions are free to form or join federations or confederations and are free to affiliate with international labor bodies.

 

b.      The Right to Organize and Bargain Collectively

 

The right to organize and bargain collectively is recognized, protected, and exercised freely. Every other year, the employers' federation and the unions negotiate a nationwide collective bargaining agreement, covering 2.4 million private sector workers, that establishes the framework for negotiations at the plant and branch levels. Employers and unions reached a nationwide collective bargaining agreement in the fall of 2000 that put into effect a wage cost rise of 6.4 percent for the 2001-02 period. The agreement calls for a 38-hour workweek as of 2003, and provides that private sector workers are entitled to a 1-year career interruption for family-related reasons. The agreement also provides extended leaves of absence for parental reasons.

 

The law prohibits discrimination against organizers and members of unions and protects against the termination of contracts of members of workers' councils, members of health or safety committees, and shop stewards. Employers found guilty of antiunion discrimination are required to reinstate workers fired for union activities or to pay an indemnity; however, payment of the indemnity reportedly has become much more common than reinstatement. Effective mechanisms such as labor courts in each district exist for the adjudication of disputes between labor and management.

 

There are no export processing zones.

 

c.      Prohibition of Forced or Compulsory Labor

 

The law prohibits forced or compulsory labor; however, trafficking in women and children is a problem (see Section 6.f.).

 

The law prohibits forced and bonded labor by children; however, trafficking in children is a problem (see Section 6.f.).

 

d.      Status of Child Labor Practices and Minimum Age for Employment

 

The minimum age for employment of children is 15. Youths between the ages of 15 and 18 may participate in part-time work/study programs and may work full time during school vacations. The labor courts effectively monitor compliance with national laws and standards. There are no industries where any significant child labor exists.

 

The Government prohibits forced and bonded child labor; however, trafficking in children is a problem (see Section 6.f.).

 

e.      Acceptable Conditions of Work

 

The monthly national minimum wage for workers over 21 years of age (as of June 1, 2001) is approximately 1,140 euros. 18-year-olds must be paid at least 82 percent of the minimum, 19-year-olds 88 percent, and 20-year-olds 94 percent.

 

The national minimum wage, coupled with extensive social benefits, provides a decent standard of living for a worker and family. Minimum wages in the private sector are set in biennial, nationwide collective bargaining meetings (see Section 6.b.), which lead to formal agreements signed in the National Labor Council and made mandatory by royal decree for the entire private sector. In the public sector, the minimum wage is determined in negotiations between the Government and the public service unions. The Ministry of Labor effectively enforces the law regarding minimum wages. By law the standard workweek cannot exceed 39 hours, and work on Sundays is prohibited. Many collective bargaining agreements set standard workweeks of 35 to 38 hours. The law requires overtime pay for hours worked in excess of the standard. Work done from the 9th to the 11th hour per day or from the 40th to the 50th hour per week is considered allowable overtime. Longer workdays are permitted only if agreed upon in a collective bargaining agreement. These laws and regulations are enforced effectively by the Ministry of Labor and the labor courts.

 

There are comprehensive provisions in the law for worker safety. In some cases, collective bargaining agreements supplement these laws. Workers have the right to remove themselves from situations that endanger their safety or health without jeopardy to their continued employment, and the law protects workers who file complaints about such situations. The Labor Ministry implements health and safety legislation through a team of inspectors and determines whether workers qualify for disability and medical benefits. The law mandates health and safety committees in companies with more than 50 employees. Labor courts effectively monitor compliance with national health and safety laws and standards.

 

f.      Trafficking in Persons

 

The law defines and criminalizes trafficking in persons; however, the country is both a transit point and destination for trafficking in women and children. Since 1994 the majority of cases have involved victims of either sexual or economic exploitation from sub-Saharan Africa (especially Nigeria), Central and Eastern Europe, and Asia (especially China). The victims of sexual exploitation increasingly are women under age 18. For example, authorities reported that through November, 870 minor refugees (362 unaccompanied) attempted to depart for the United Kingdom through Zebrugge Port. Nigerian and Albanian victims usually are young women between the ages of 21 and 30 trafficked for prostitution. Chinese victims often are young men trafficked for manual labor in restaurants and sweatshops. There also are persistent reports that teenage boys, some as young as 12 or 13 years, were being brought into the country from West Africa and Latin America with false documents by soccer agents for tryouts with local clubs. Boys who failed to gain a contract sometimes were abandoned by their agents and ended up on the streets.

 

The overall number of reported trafficked persons may be increasing. The three regional shelters report that they assisted 230 new victims in 2000, compared with 175 in 1999. The annual report of the Center for Equal Opportunities and the Fight Against Racism for the year 2000 focused on Albanian criminal organizations operating in Belgium and their involvement in trafficking and prostitution, among other crimes. The Center also noted that Chinese traffickers were increasingly active in sending victims through the country.

 

Under the law, victims of trafficking who provide evidence against the trafficker are granted temporary residence and work permits and are eligible to receive significant financial assistance from government-funded reception centers managed by nongovernmental organizations (NGO's). In each of the three regions in the country (Wallonia, Flanders, and Brussels), the Government has designated, and subsidizes, a nonprofit organization to provide such assistance. At the conclusion of legal proceedings against their traffickers, victims generally are granted permanent residence status and unrestricted work permits. The rights of victims are respected in practice, and they are not treated as criminals. The Center for Equal Opportunity and the Fight Against Racism reported that shelters assisted 230 persons in 2000, primarily victims of sexual exploitation.

 

The Ministries of Interior and Foreign Affairs have worked closely together to assign antitrafficking liaison officers to Belgian embassies in countries of origin, including Albania, Cote d'Ivoire, the Democratic Republic of Congo, Guinea, Kazakhstan, and Ukraine. These officers gather information about local conditions and trafficking trends and assist in establishing antitrafficking information campaigns tailored for the local population. In May Belgian authorities temporarily suspended visa processing for Russian citizens, stating that the denials were a result of the Russian authorities' reluctance to cooperate in fighting human trafficking.

 

The Government has worked closely with the IOM to develop programs to combat human trafficking and to assist its victims. For example, the Government provided funding for information campaigns in countries of origin to warn women of the dangers of trafficking. It also provided funding to the IOM to assist the voluntary return of victims to their home countries and to assist them in readjusting once they have returned home. The Government works closely with and supports NGO's that combat trafficking.

 

BELGIUM - STANDARD WORKWEEK

By law, the standard workweek cannot exceed 40 hours and must have at least one 24-hour rest period. Many collective bargaining agreements set standard workweeks of 36 to 39 hours. The law requires overtime pay for hours worked in excess of the standard. Work done from the 9th to the 11th hour per day or from the 40th to the 50th hour per week is considered allowable overtime. Longer workdays are permitted only if agreed upon in a collective bargaining agreement. These laws and regulations are enforced effectively by the Ministry of Labor and the labor courts.

 

BELGIUM - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

BELGIUM - TOTALIZATION AGREEMENT WITH U.S.

Effective Date: July 1, 1984.

 

Coverage and Social Security Taxes: 

 

For employees sent by a Belgian employer to work in the U.S. for five years or less, taxes and coverage fall to Belgium. If the employee is sent to work in the U.S. for more than five years, was hired in the U.S., or is a U.S. citizen, taxes and coverage fall to the U.S.

 

Certificate of Coverage Request: 

 

To establish an employee's exemption from coverage under the U.S. Social Security system, an employer must request a certificate of coverage from Belgium at this address:

 

National Social Security Office

Waterloolaan 76

B1000 Brussels

BELGIUM

 

The same information required for a certificate of coverage from the U.S.  is needed to get a certificate of coverage from Belgium except that the employee’s Belgian Social Security number should be shown rather than the U.S. number.

 

Minimum Credits Needed: 

 

An employee without enough work credits to qualify for Belgian benefits, but with at least 18 months of coverage under the Belgian system, may combine Social Security credits from the U.S. and Belgium to meet eligibility requirements.

 

Summary of Social Security Benefits: 

 

A male worker can get full retirement pension at 65 and female worker at 60, with reduced payment as early as 60 for men and 55 for women. Belgian disability benefits are payable if the worker is unable to work due to a medically determinable reason. Family benefits to dependents of retired or disabled workers are not specifically provided; however, benefits may be increased for a worker with a dependent wife. Benefits to children may be payable under the Family Allowance Program. Survivor benefits are payable to widows (no provision for widowers) at age 45 or at any age if disabled or caring for dependent children. There is no provision for children's survivor benefits, however, an orphan's benefit may be payable under the Family Allowance Program. There is a death benefit grant to cover funeral expenses.

 

Additional Information: 

 

For specific information on the Belgian Social Security program, contact:

 

National Social Security Office

Waterloolaan 76

B1000 Brussels

BELGIUM

 

See Totalization Agreements