The Flemish, Walloon, and Brussels Regions have communicated the new minimum salary requirements for individuals working in that region, applicable as from 1 January 2024. In order to obtain the appropriate permit allowing employment of non-European Economic Area (EEA) nationals in Belgium, minimum salary requirements must be met.
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 (6) months to three (3) years may be imposed.
New Minimum Salary Thresholds
The Flemish, Walloon, and Brussels authorities have communicated the increased amounts for 2024.
Amounts for 2024 |
Brussels Region2 |
Flemish Region3 |
Walloon Region4 |
Highly-skilled employees |
EUR 50,310 |
EUR 46,632* |
EUR 50,310 |
Management personnel |
EUR 83,936 |
EUR 74,611 |
EUR 83,936 |
Intra-corporate Transferee (specialist) |
EUR 52,042 |
EUR 46,632 |
EUR 52,042 |
Intra-corporate Transferee (trainee) |
EUR 32,526 |
EUR 46,632 |
EUR 32,327 |
Intra-corporate Transferee (Management) |
EUR 65,053 |
EUR 74,611 |
EUR 65,053 |
EU Blue Card |
EUR 65,053 |
EUR 55,958 |
EUR 65,053 |
Trainee |
Min. salary (sector) |
Sufficient means of existence |
Min. salary (sector) |
Medium-skilled employees in bottleneck professions |
N/A |
Min. salary (sector) |
N/A |
Source: KPMG in Belgium
* For employees with a local Belgian contract working in the Flemish Region and under 30 years of age, the amount is EUR 37,305.60. The higher amount needs to be met as soon as the employee turns 30.
KPMG INSIGHTS
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.
It may be advisable to consult with your usual qualified immigration counsel or a member of the Immigration team with KPMG in Belgium (see the Contacts section).
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 .
Service public fédéral Emploi, Travail et Concertation sociale (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 (in English, but also in Dutch and French versions) of the official website of the Brussels Region.
3 Minimum salary thresholds for the Flemish Region: dedicated Single Permit page (in Dutch) of the official website of the Flemish Region.
4 Minimum salary thresholds for the Walloon Region: dedicated Single Permit page (in French) of the official website of the Walloon Region.
* 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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