Sectoral agreement 2021 - 2022 for joint industrial committee 209
The social dialogue in Belgium is organized on 3 levels: inter-sectoral/federal, sectoral and company level. In the past few months, the wage norm and several employment measures which serve as the basis for the negotiations on a sector level, have been determined on a federal and inter-sectoral level.
Within JIC 209 these negotiations have been finalized, resulting in a sector agreement for the years 2021-2022 (valid from January 1, 2021 until December 31, 2022). We would like to provide you hereby with an overview of the most important decisions in your sector.
Purchasing power
The provisions regarding the own implementation of the wage margin, the retroactive premium and the corona premium, are in principle limited to the scaled and scalable white collar workers. The scope of application can be extended to the non-scaled and the non-scalable white collar workers according to a specific procedure depending on whether or not the company has a labour union delegation.
Salary increase
The sector agreement provides for an increase of the actual gross salaries and the scales by 0.4% from January 1, 2022 onwards. With this increase, JIC 209 uses the maximum salary cost development laid down by the Belgian government.
Companies can decide themselves how to use the available wage margin of 0,4% by means of a recurring equivalent benefit, but must either conclude a collective labour agreement at company level or submit their proposal to the Joint Industrial Committee, depending on whether or not the company has a labour union delegation. The agreement regarding this allocation needs to be concluded by 15.01.2022. If the company does not take any company-specific initiative to implement the wage margin, the actual gross salaries will increase by 0.4% on 01.01.2022.
We will automatically increase the gross salaries by 0.4%, unless you inform us before the payroll of January 2022 that your company will implement the wage margin itself.
Retroactive premium
For the year 2021, the white collar workers receive a one-off gross premium of 200 EUR, that must be paid in December 2021, if the white collar workers meet the following conditions:
- In service on 30.11.2021;
- Have performed minimum 60 effective working days in a reference period from 01.01.2021 up to and including 30.11.2021 (pro rata for new hires in the course of 2021, both with regard to the premium and the number of working days required);
- Pro rata application of the premium and effective working days for part-time employees based on their working regime on 30.11.2021.
The retroactive premium can also be replaced by an equivalent benefit, but the same specific procedure must be followed as for the salary increase.
We automatically calculate the retroactive premium for you, unless you inform us before the December payroll that you will replace this premium by an equivalent benefit.
Corona premium
No later than December 31, 2021, companies must grant a one-off corona premium of 300 EUR net in the form of consumption vouchers. This premium is increased by:
- 200 EUR net if the gross margin of the fiscal year 2020 is equal to or greater than the average gross margin of the fiscal years 2018 and 2019.
- 100 EUR net if the gross margin of the financial year 2020 is up to 10% lower than the average gross margin of the fiscal years 2018 and 2019.
Please contact your accountant to verify if your company is in this situation.
To be entitled to the corona premium, white collar workers must meet the same conditions as for the retroactive premium.
Employers who have already granted a higher or equivalent corona premium in the form of consumption vouchers since August 1, 2021, can deduct this from the corona premium in terms of net value. The employer can also grant a higher corona premium (total max. 500 EUR) by an individual agreement with the employees (if there is no trade union delegation).
Companies with a trade union delegation can agree to replace the corona premium with a company-specific benefit.
Companies are NOT required to grant the corona premium in the following cases:
- The company has an operating loss in the fiscal years 2019 and 2020, ánd there is a decrease in the gross margin of at least 10% in the fiscal year 2020 compared to the average gross margin in the fiscal years 2018 and 2019.
- The company has a negative operating result in the last fiscal year, is undergoing restructuring, or has experienced special difficulties, ánd this company has obtained a derogation via the Joint Industrial Committee.
Please contact your accountant to verify if your company is in this situation.
Please let us know the amount of the corona premium for your company before the December payroll. Please also let us know if you have already granted a benefit to replace the corona premium or if you will replace the corona premium with another benefit.
Minimum salary
The sectoral guaranteed minimum monthly salary (currently 1820.78 EUR) will increase repeatedly by 80 EUR on 01.01.2022 (to 1900.78 EUR), on January 1, 2023 (to EUR 1980.78) and on January 1, 2024 (to 2060.78 EUR).
The other scale salaries will be increased by 0.4% on January 1, 2022.
Eco vouchers
The eco vouchers can be replaced by another benefit.
Mobility
Unless more beneficial provisions exist on company level, the following rules apply as from January 1, 2022 onwards:
- Increase in employer's contribution for private transport (other than bicycle): reimbursement of 0.075 EUR per kilometer travelled, with a maximum of 8.18 EUR per day (minimum amount per working day is maintained).
- Increase of employer's contribution for bicycle allowance: reimbursement of 0.18 EUR per kilometer with a maximum amount of 7.20 EUR per working day (minimum amount per working day is maintained).
Companies are recommended to make use of the third party payer agreement.
Please inform us whether we need to increase the employer's contribution.
Unemployment scheme with company allowance and time credit
For time credit on specific grounds, JIC 209 applies the general rules as they are applicable in collective labour agreement n°103. This implies that employees will benefit from 51 months of time credit for reasons of care taking and from 36 months for training purposes, given that they meet the conditions.
For time credit in view of landing positions (career wind-down), JIC 209 already had the possibility of 1/5th time credit with a statutory allowance for employees as from the age of 55 on the condition that they could demonstrate a long career (35 years), a heavy and arduous profession or 20 years of night work and provided that they had a seniority of 2 years in the company. A half-time scheme with a statutory allowance is possible as from the age of 55 under the aforementioned conditions. These schemes of time credit have been extended with the present agreement.
As far as the unemployment scheme with company allowances is concerned, the agreements made on sectoral level will be extended, allowing employees to benefit from this scheme if they meet certain conditions.
Training
The employee's transferable individual training entitlement will be extended from 16 to 24 hours per year.
Career leave
Employees get a second day of career leave from the age of 58 (in addition to the existing one from the age of 50).
Temporary unemployment
The supplementary allowance for temporary unemployment due to force majeure will increase by 2.21% from January 1, 2022, so that this allowance will be identical to the allowance for blue-collar workers.
Please also note that for the calculation of the end-of-year premium for 2021, the employer is obliged to pay an additional end-of-year premium of 7.5 EUR per day of temporary unemployment with a maximum of 100 days.
Leave of absence
An employee is entitled to leave of absence for the day of a relative's wedding. This rule will now apply regardless of whether this family member lives under the same roof as the employee. "Family" is defined as kinship up to and including the third degree.
The employee can now also take the day of the funeral in the event of the death of any blood relative, regardless of whether this blood relative lives under the same roof as the employee.
The leave of absence for marriage of the child can also be taken on the activity day preceding the marriage if this marriage falls on an inactivity day of the employee.