Following a partial update to the minimum salaries in September due to new legislation (see GMS Flash Alert 2024-184), the Brussels1, Walloon2, and Flemish3 authorities have now also communicated their new salary requirements for working in the respective region, applicable as from 1 January 2025.
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.
Steps for employers to consider include monitoring whether salary requirements are met and budgeting 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 employer.4
New Minimum Salary Thresholds
The Brussels, Walloon, and Flemish authorities have communicated the increased salary amounts for 2025.
Note that the minimum salary in the Brussels region is calculated based on the monthly gross salary, whereas the salary in the Walloon and Flemish regions is still calculated based on the annual gross salary.
See the table below for the new amounts.
Category | Brussels Region | Flemish Region | Walloon Region |
| Monthly salary threshold | Yearly salary threshold | Yearly salary threshold |
Highly-skilled employees | EUR 3,703.44 | EUR 48,912.00 | EUR 51,613.00 |
Highly-skilled employees (under 30 years of age with a local contract) [Higher amount must be met once employee turns 30] | N/A | EUR 39,129.60 | EUR 41,290.00 |
Management personnel | EUR 6,647.20 | EUR 78,259.00 | EUR 86,110.00 |
Intra-Corporate Transferee (specialist) | EUR 4,510.60 | EUR 48,912.00 | EUR 53,390.00 |
Intra-Corporate Transferee (trainee) | EUR 2,611.40 | EUR 48,912.00 | EUR 33,370.00 |
Intra-Corporate Transferee (management) | EUR 5,460.20 | EUR 78,259.00 | EUR 66,738.00 |
EU Blue Card | EUR 4,748.00 | EUR 63,586.00 | EUR 66,738.00 |
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 Walloon Region with an EU Blue Card and with less than three years of experience, the amount is EUR 53,390.
Penalties for Non-Compliance
- 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.
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. E xcept 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 discuss the rules and appropriate next steps with your usual qualified immigration counsel or a member of the Immigration team with KPMG in Belgium (see the Contacts section). Staying informed about changes in migration law and understanding their implications are both crucial for employers hiring third-country nationals.
Footnotes:
1 Minimum salary thresholds for the Brussels region: Official website.
2 Minimum salary thresholds for the Walloon region: Official website.
3 Minimum salary thresholds for the Flanders region: Official website.
4 Article 175 of the Belgian Social Penal Code, “Sociaal Strafwetboek/ Code pénal social” (in Dutch) at: 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” (in French) at: https://emploi.belgique.be/fr/propos-du-spf/infractions/cheminement-dun-proces-verbal/poursuites-penales.
Contacts
More information
Disclaimer
* Please note the KPMG International member firm in the United States does not provide immigration 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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