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I am employed using on the 'Activa plan' whereby Capac pays a part of my salary and my employeur pays the rest. I have still not received the payment from my employeur for last month. She says she cannot pay me for the moment but it will cleared up within a couple of weeks. Also that she will not be paying my pecule de vacances until October and the 13th month which is normally paid in December will be paid next February. For me, the situation is starting to smell. Any advice would be welcome? Should I join a union, what are my rights and what are the laws. Thank you in advance.
I would be worried. You can try dealing directly with Capac, but will likely get quicker, nicer and better advise if you join a union and ask their support. If you don't have a union on your work place you can join by walking in to any of the union offices (in your case I would opt for this, since it is likely to be quicker way), or via their websites. There are three unions in Belgium, ACV-CSC (Christian) ABVV-FGTB (Socialist) ACLVB-CGSLB (Liberal).
Normally the salary payment details are defined either in your contract or in the work regulations (reglement de travail). This includes mentioning the day of the month on which the salaries have to be paid at latest. No exceptions are allowed.
Pecule de vacance should usually be paid during the summer holiday season (June-August or 'the month during which the majority of the total of the annual holidays in the company are taken'), but there are some variations depending on which commission paritaire you belong to. Also some exceptions exists f.ex. the interims and blue collar workers. 13th month is an extra legal benefit and the terms for it should be defined in the work regulations.
