How should the employer pay your wages?

Your employer should generally transfer your wages to a bank account. There are exceptions to this. Sometimes an employer may propose an alternative, even though this is against the law. Here is a list of the most common ways.

Your employer transfers your wages to your own bank account.

By law, your employer is obliged to pay your wages into your bank account except in certain sectors. If possible, choose this method. You can then prove what you have been paid using your bank statements.

Your employer pays you cash in hand.

Although this is only legally permitted in a limited number of sectors (agriculture, horticulture and diamond sector). Most bosses pay cash for clandestine work. Then keep track of how much salary you have received and how much you still have to receive. By law, your employer must have you sign a paper stating how much you have received. With clandestine or undeclared work the boss will often not do this. Try to convince him to do this to avoid misunderstandings later. Make sure you get a copy of this, preferably signed by your boss. Of course, only sign a piece of paper that states the amount you actually received.

Your employer pays you wages in kind

Employers must pay you in money. They may pay part of your salary with something other than money, for example with food or a home. That is payment ‘in kind’. This is strictly regulated by law. Payment in kind must be stated in a written contract. If you do not have a written contract, payment in kind is not possible.
In any case, your boss must pay at least 60% of your salary in euros. For house staff there are specific rules you can follow here consult. Contact a specialized service for more information (FAIRWORK Belgium of Trade unions of Inspection).

Your employer saves money for you

It is extremely difficult for someone without legal residence to open a bank account. For this reason, employers sometimes propose that they keep some of the money to give to you when you need it. Do not accept this proposal. If your employment somehow goes wrong, an employer may refuse to pay you the remaining amount.

If you let someone save money for you, always create a document for both parties to sign, which clearly states that the person saving the money must always return the money immediately when you request it.

Important! Your employer is obliged to regularly pay you for your work. They are not allowed to state that you cannot receive your wage because you have no bank account, residence permit or work permit.

Important: If an employer requests an invoice, do not comply. Don’t ask a friend with their own business to prepare an invoice for you. If you do, you will be guilty of invoice fraud and this is a punishable crime. This will also make it impossible for you to claim your wages from your employer at a later date in court.