Collective Agreement No. 43 of 2 May 1988 Concerning the Amendment and Consolidation of Collective Agreements No. 21 of 15 May 1975 and No. 23 of 25 July 1975 On the Guaranteed Minimum Wages, as modified up to Collective Agreement 43 undecies of 10 October 2008
The minimum wage in Belgium is not fixed by the law. It is fixed on the national level by collective agreements concluded by the National Labour Council. Joint committees of the National Labour Council set different minimum wage levels for different sectors.
Collective Agreements and Joint Committees Act 1968 §§ 6, 7
Minimum wage set through decentralized collective bargaining
Collective agreements can either be concluded by the national labour council or by its joint labour committees.
1. The national minimum wage rate RMMG (revenue minimum mensuel garanti), which applies to all workers in the private sector is set in collective agreements negotiated within the National Labour Council. The RMMG represents the minimum wage that an employer in the private sector must provide an employee in an average month.
2. Joint negotiating committees can establish sectoral minimum wages in collective agreements that apply to workers in certain sectors. Sectoral minimum wages may not be lower than the RMMG. Collective agreements entered into within joint committees apply to organizations that are members of the joint committee that negotiated the collective agreement and any party defined in the scope of application of the collective agreement.
The RMMG is a guarantee of monthly wage and may consist of special payments and in-kind allowances that make up a workers normal remuneration. Certain types of payment are not included within the scope of RMMG such as overtime pay and subsidized meals.
Yes, both the RMMG and sectoral minimum wage rates are indexed to CPI.
Collective Agreement No. 43 §§ 3, 4
The RMMG applies to all workers in the private sector. Collective agreements only apply to workers in the private sector.
Collective Agreements and Joint Committees Act 1968 § 2
Casual workers, who normally work for periods of less than one month and workers in certain family businesses who are managed by their parents, are not covered by the RMMG.
Collective Agreement No. 43 § 2
Specific minimum wage rates
» Specific minimum wage by sector
Collective agreements establish minimum wage rates that are at least equal to the RMMG for sectors such as: agriculture; textile; commerce; construction; and many others (see list of current collective agreements of the National Labour Council).
» Minimum wage levels for specific categories of workers
The agreement covers young workers below the age of 21 years who are not covered by a sectoral collective agreement. The rates are the following percentage of the RMMG: Up to 20 years of age 94% Up to 19 years of age 88% Up to 18 years of age 82% Up to 17 years of age 76% 16 years of age and under 70%.
Collective Agreement No. 50 On the Guaranteed Minimum Wage for Workers Younger than 21 Years § 3
» Other categories
Full-time domestic workers (those working at least 40 hours per week), must receive at least the RMMG. Part-time workers are entitled to an RMMG calculated on a pro rata basis in accordance with the number of hours worked that is proportionate to the amount a full-time worker would receive as determined by national or sectoral collective agreement.
RMMG Workers who have attained the age of 21 years EUR 1,387,49 per month Workers who have attained the age of 21 and a half years and who have worked in the same company for at least 6 months EUR 1,424,31 per month.
Collective Agreement No. 43 § 3
Last minimum wage update
RMMG 1 October 2008
Collective Agreement No. 43 § 11
Yes. The RMMG is a guarantee of monthly revenue and may consist of both monetary payments and in-kind payments that make up a workers normal remuneration. Certain types of payment are not included within the scope of RMMG such as overtime pay and subsidized meals.
Collective Agreement No. 43 § 5
Rate of payment
The RMMG is a monthly guaranteed minimum rate. Part-time workers are entitled to an RMMG calculated on a pro-rata basis in accordance with the number of hours worked.
Adjustment takes place automatically as rates are indexed to the cost of living. In addition, every 2 years a national intersectoral agreement is entered into by the social partners. This agreement sets the maximum margin within which labour costs can increase.
Collective Agreements and Joint Committees Act 1968 § 4 Act Concerning Employment Promotion and Competition § 6
Enforcement of collective agreements is assured by labour inspectors, who may enter workplaces and inspect the records and documents necessary to ensure compliance.
Labour Inspection Act § 4
Fines in national currency for non-respect of legislation
Failure to pay a minimum wage rate as set in a mandatory collective agreement entered into within a National Labour Council or joint committee results in an employer or their agent being liable to a penalty of either imprisonment for between 8 days and 1 month, or a fine, or both.
Collective Agreements and Joint Committees Act 1968 § 56
Results generated on: 04th March 2015 at 05:22:19.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.