13th Month & Double Holiday Pay after Resignation

The 13month salary will not be paid and probably you will not get it at the new employer as you need to be working X months ( i think it is atleast 2 -3 months)  before the 13 month salary can be paid out.

The Double holiday payout will be done by your current employer in full. However be prepared to see no holiday payout from your new employer in next year june, as the previous employer has already paid .

Also you mentioned you started in dec 2019 , Were you working before that in belgium ?

GajendraSPawar wrote:

The 13month salary will not be paid and probably you will not get it at the new employer as you need to be working X months ( i think it is atleast 2 -3 months)  before the 13 month salary can be paid out.

The Double holiday payout will be done by your current employer in full. However be prepared to see no holiday payout from your new employer in next year june, as the previous employer has already paid .

Also you mentioned you started in dec 2019 , Were you working before that in belgium ?

The new employer has told me that I'll receive 13th month pay pro-rated. Since I have been working 9 months with Old employer, I'll receive my 13th month pay for these 9 months from my old employer ? It will be part of the final settlement ?

However be prepared to see no holiday payout from your new employer in next year june, as the previous employer has already paid .


Does it mean that the current employer would make double holiday payment already when I leave from the company ?

I was working in Belgium before Dec 2019 in an expat contract. My first employer in Belgium (Belgian working Contract) is only from December 2019.

yes the double holiday payout will be paid upfront by your current employer

GajendraSPawar wrote:

yes the double holiday payout will be paid upfront by your current employer

And the 13th month as well would be paid upfront by my old employer ? I mean for the 9 months which I've worked with them

I just had a look at my payslip when I left my employer somewhere around the same time last year... the total amount for holiday payouts seems higher than 0.92*base pay .. so I would say yes it should be included in your settlement . However it is one the most complex payslip to understand

GajendraSPawar wrote:

I just had a look at my payslip when I left my employer somewhere around the same time last year... the total amount for holiday payouts seems higher than 0.92*base pay .. so I would say yes it should be included in your settlement . However it is one the most complex payslip to understand

Thank you very much for the info :-D

Holiday pay will be paid by old employer (pro rated). 13th month will not be paid.

New employer will pay  13th month (pro rated) and holiday pay will be adjusted now( depends on company practice). They will pay again during June month next year based on adjusted value.

pravinkumr84 wrote:

Holiday pay will be paid by old employer (pro rated). 13th month will not be paid.

New employer will pay  13th month (pro rated) and holiday pay will be adjusted now( depends on company practice). They will pay again during June month next year based on adjusted value.

Does it mean that I'll lose my 13th month pay for working till September from my old employer ?

yes. Legally, old employer is not obliged to pay. Happened to me as well!

I didn't expect that there's a possibility for employer to not to pay 13th month Pay We work for almost the whole year (more or less) and  it's not good that if we leave before last week of December , we may not get 13th month pay

If you consider it as  a bonus ...then you cannot have a bonus until you are with the company till the bonuses are disbursed. This is a one time thing and you should positively look further ahead

Read this out on 13th Month Salary. I read it to be like a Mandatory payout instead. Very confusing https://www.bradfordjacobs.com/blog/the … belgium-2/

It Says :
Is it a bonus?
No. 13th-month pay is separate from any other company bonuses and is mandatory by law. The employer cannot decide on the amount of the payment. It has to be no less than 1/13th of your gross yearly salary. However, they are free to pay more, should they wish to.

The 13th-month pay is every employee's right and if an employer does not pay, is late, or does not pay in full, this shall be considered improper salary retention and a serious offense. Fines apply for non-compliance with this rule.

@arun check this article too

https://www.jobat.be/nl/art/heb-ik-nog- … jn-ontslag

Hi rajnpr, I am also in the same situation. I have resigned and joining the new company from 1st Dec.
Did you check with your HR on this topic?
What I heard from a friend the your old company will pay you on pro rated basis you 13th month pay and also holiday pay 0.92. But it is not mandatory for the new company to pay for the 13th month in case you work in the new company less than 3 months.

Hello VikyKausal and rajpnr,

I am in a similar situation.

I am working for a Belgian company and I have been offered a new role in another Belgian company.

1> How do I maintain the continuity of my Single Permit.
2> I have not resigned yet, but I will do so in the next week, will it impact by 13 month pay with my current employer.

Appreciate your inputs from your experience.

Thanks.
Ro