New salary ceilings
as from 1 January 2015

The law of 3 July 1978 relating to the
employment contracts

The salary ceilings, which apply within the framework
of the law relating to employment contracts
have been adapted again as from 1 January 2015


The salary ceilings are adapted annually, as from 1 January, in consideration with the evolution of the salaries, as fixed in accordance with the collective labour agreements for the private sector.

Until 31 December 2013, three salary ceilings applied. As we mentioned already last year, only two salary ceilings remain relevant since the law on the unified status blue-collar workers/white-collar workers: together with the abolishment of the probation period, also the second salary ceiling (at the time equivalent to € 38,665) disappeared.

As from 1 January 2015 the two remaining salary ceilings are adapted as follows:

the ceiling of € 32,886 becomes € 33,203;

the ceiling of € 65,771 becomes € 66,406.





These salary ceilings are relevant with respect to the non-competition clause, the schooling clause and the arbitration clause.

The non-competition clause:

For the commercial representatives the non-competition clause is valid only if the annual salary exceeds € 33,203.

For the other categories of workers the following applies:

if the annual gross salary does not exceed € 33,203, a non-competition clause in the employment contract is not valid;

if the annual gross salary exceeds € 33,203 but not the amount of € 66,406, the non-competition clause is valid only for the functions, which have been listed in a (sector) collective labour agreement;

if the gross annual salary exceeds € 66,406, the non-competition clause is valid in principle, except for the functions, listed in a (sector) collective labour agreement.

The schooling clause:

The schooling clause is a clause, pursuant to which employees, who participate in a training or an education program at the expense of the employer, undertake to reimburse a part of that cost if they resign within a period, as agreed upon.

A schooling clause is valid only if the gross annual salary exceeds the amount of € 33.203.

The arbitration clause:

This is a stipulation, according to which the employee and the employer undertake to submit possible future litigation to an arbitrator.

This stipulation is valid only for employees for whom both cumulative conditions are met:

they are in charge of the daily management of the company, or they have management responsibilities for a department or a unit, which are comparable to those for the company as a whole;

the annual salary exceeds the amount of € 66.406.

The notice period for white-collar workers, employed by their present employer on 31 December 2013

Both salary ceilings, as applicable on 31 December 2013 (respectively € 32,254 and € 64,508), remain relevant for the determination of the notice periods for white-collar workers, who were employed by their present employer on 31 December 2013.

The first part of the notice period, concerning the employment before 31 December 2013, has to be fixed in consideration of the time of service up to 31 December 2013 and taking into account the annual remuneration.

09 February 2015

Marcel Houben - marcel.houben@peeters-law.be

Read more about this topic :

The “unified status” blue-collar workers/white-collar workers in practice