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Not received my full salary

Question

I have been working Belgium on a 1 year contract that started at the end of September 2015 and will end this week.

I'm a little concerned now that I am leaving about being paid my correct salary which when I add up all of my pay checks I am quite a substantial amount short.

I was paid a pro rata amount in December 2015 for the 13th month which was nothing close to what I expected. I was then paid a little more in May for the 14th month (or little less than a month).

However as mentioned when I add all of this money - my monthly pay checks and two extra amounts - this does not equate to my salary that I signed the contract for and I am owed a substantial amount (obviously this is Bruto and I will be taxed).

Whilst I am still in the building I wanted to know my rights before I go storming into HR as I am very new to Belgian employment law.

I am also not sure about vacation pay as I didn't have any days this previous year on the understanding if I stayed a second year I was entitled to them. Does this mean I also don't get any holiday pay? Asking this as obviously holiday pay would be nice but also knowing the company they would try pass my vacation pay as what they owe me on my salary!

Thanks.

Answer
J Sep 27, 2016 20:24

I don't see what this is other than a rant. Can't help without seeing all the figures - your payslips and your employment contract.

Answer
Dave Bull Sep 27, 2016 20:34

Not a rant....just confusion about what employment law in this country.

Contract says one figure, pay check says another, leaving and want to know when I should receive what I am owed.

If I could post all of my documents I would ;)

Answer
Eric Ash Sep 27, 2016 21:36

Taxes are deducted each month from your pay check - up to 40%
Also your dues to Social security 13,09%

Answer
becasse Sep 27, 2016 21:58

Payment for paid holidays is made in arrears (ie. in the following year) in Belgium. It is quite possible that you still have that to come.

Can I suggest a gentle approach to your HR department saying that you know that pay is complex in Belgium but that you are having difficultly in reconciling the pay you were due as per contract with the pay you have either actually received or which has been taken for tax or social security. It is unlikely that you will be the first to ask.

Don't forget that the tax (IPP) that you have paid is only an estimate and the actual amount due will eventually be calculated by the fisc, you may get a partial refund OR you may find that you have to pay more to the fisc.

Answer
Dave Bull Sep 27, 2016 22:10

Just to quickly clarify I am only calculating my bruto and not money after tax.

So this is x12 pay checks and x2 payments received in December + May which don't add up to my contracted salary. I fully expect the usual tax to be taken from the missing amount.

Answer
Mimi Sep 28, 2016 03:11

You can check with HR as suggested, or go to an independent accountant to get your numbers reviewed.

Answer
CC_R Sep 28, 2016 08:46

Dave I think no one here have help. Pop into your HR and take your contract ask them to explain the difference there maybe a real explanation. Don't shout be polite and write down what they tell you.

Answer
CC_R Sep 28, 2016 08:47

I like Mimis idea to but that will cost so only do it if it's worth the difference

Answer
ao Sep 28, 2016 14:52

I also suggest you talk to your HR to verify. To give you a short overview however, I'm suspecting the difference might be because of the accrual of the 13th month and holiday pay. If your contract mentions annual salary, which by he way is quite irregular the contracts usually mention monthly gross only, the amount is for a year where you are entitled to full 13th month and holiday pays. In order to have the full entitilement you would have had to work with your employer the full year prior the payment year.
.
As you mention your 13th month last year was paid pro rata, and so is your double holiday pay, so it would be normal that your total annual on your first, and second incase you start in a middle of the year, employment year is less than on he following years. In addition if you did not have accrued holidays (if you had not worked in Belgium during last year and year before that), any holidays you have taken last year and part of the holidays this year have been unpaid, which further reduces your salary.

Answer
xl Sep 28, 2016 18:34

no need to rant, Dave - please follow the advice here and ask 'friendly' your HR. BTW - it took me nearly 6-8 years and different jobs to understand the complex Belgian social security system, but it is as it is and no way around.

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