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13-th salary

Question

Hello folks,
As I was searching for information about the so-called 13-th and 14-th salary in Belgium I managed to find answers to most of my concerns however I could not find info regarding my specific case.

First: Since my contract is for two years and my last month will be September, will I get additional payment in December? There is nothing in my contract about this and they are not really happy to give me details so far.
And second: Since the holiday payment in May is based on the previous years, does it mean that I can get such payment next year after I have left my job only for the 9 months I have been here this year?

I am sorry bothering you with these :)
Cheers

J

It will be in your contract. If your contract does not explicitly mention a 13th month, you won't get one. Same for extra holiday pay - what you get will be detailed in your contract.

Not all sectors get a 13th month or extra holiday pay - it's something that's negotiated between employers and unions on a sector-by-sector basis.

Jun 20, 2020 15:53
expat83

Thank you, this is helpful however I received a holiday payment for the three months I worked last year, so it is really complicated.

Jun 21, 2020 22:22
ao

The entitlement to 13th month (typically paid in December) does not have to be mentioned in your contract, if it is included in the sectorial agreement (Commission paritaire) that your company belongs to. It is often included, but not always, typically CPs applied on public/semi-public sector (culture, social and healthcare) and service, construction & maintenance sector are less likely to have the 13th month on the sectorial agreement. Also the amount of the 13th month is not necessarily full months salary, it can be less if so agreed in the sector
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If you are entitled to the 13th month, it usually has two rules: 1) you need to be employed in the company minimum 6 months during the year AND 2) you need to be employed in the company on the last day of the year. So for 2020 you should, if it is paid in your company, receive full 13th month, and in 2021 you will not be entitled to it since your contract ends in September
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The double holiday allowance is accrued during the year preceding the holiday year, and in case only part of the year is worked it is calculated pro rata. So in 2019, you accrued in your current job 3/12 share of a full double holiday pay (and same share of normal annual legal holiday days), and this should normally be paid in 2020, when your employer pays the allowances (typically, but not necessarily in July/August). If you had worked in Belgium before you current job, your accrued double holiday pay was paid to you when you left your last job.
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In 2020 you accrue full double holiday pay, and it will be paid to you next year. In 2021 you will accrue 9/12 share of the holiday pay, and that will be paid to you in your last salary (as also the salary of the accrued paid holiday days) when leaving employment.
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Note that if you work on an interim contract, the holiday pay and double holiday allowance are typically paid to you directly in your weekly/monthly salary.

Jun 22, 2020 19:53
expat83

Thank you so much! It is really helpful!

Jun 23, 2020 22:57