What wage should you pay your student?
Three factors influence the wage for students in joint committee 302:
- The function they perform
- The age of the student
- Is the student from a hotel school?
Classifying in the professional category
Like their colleagues with regular labour contracts, students working in the hospitality sector must be classified in a professional category based on their function. You can classify them two categories lower than regular employees, unless they are students at a hotel school.
Read more: "the professional classification in Joint Committee No. 302"
Example
Koenraad studies marketing and helps out during the summer at a fry shop in De Haan. He is essentially a "fry cook" (category III). However, since he is not a student of a hotel school, he may be classified in category I.
Determining hourly wage
Once you have determined the function and the category, you can assign the corresponding hourly wage. In the hospitality sector, no seniority is carried over from previous employment. Therefore, your student will be classified with zero years of experience upon hiring. For a student aged 18 or older, the regular wage scale applies. A minor student receives a percentage of that wage scale.
Example
Koenraad is 18 years old and receives 14.8839 euros per hour in category I. His brother Wouter, who is also employed in category I, is 16 years old. He receives 80% of the wage scale for the same function, which is 11.9071 euros per hour.
Can your student work after 8 PM?
In the hospitality sector, a majority student may work between 8 PM and 6 AM. There is a legal exception to the general prohibition on night work.
If the student is a minor, then night work is more complicated. Minors aged 16 and older may work in the evening, but only until 11 PM and only if they can get home after work. This means there must still be transport available (such as public transport) or you must arrange for their return (for example, by paying for a taxi). Additionally, you must inform the Social Laws Inspection that you wish to employ a minor until 11 PM.
Furthermore, you owe a night work premium if you employ a worker at night on a regular basis. Workers (regular employees and majority students) are entitled to a night work premium, provided they perform normal duties between midnight and 5 AM. The premium will not apply to minor students, as they may not work after 11 PM under any circumstances.
Can your student work on Sundays?
In the hospitality sector, majority students may work on Sundays and public holidays. There is a legal exception to the general prohibition on Sunday work.
Stricter rules apply to protect minor students. They may only work one Sunday out of two. If you wish to take advantage of this exception, you must notify the Social Laws Inspection five days in advance.
In all cases, you owe a Sunday work premium.
What additional benefits is your student entitled to?
No year-end bonus
Students who are subject to the solidarity contribution (i.e., the first 650 hours per year) and who work in a business with a registered cash register system, have no right to a year-end bonus. Students who work more than 650 hours per year do not automatically qualify for a year-end bonus. To be eligible, they must have a labour contract of at least two months without interruption.
Read more: "Students will be able to work up to 650 hours per year"
No eco vouchers
Students who are subject to the solidarity contribution also have no right to eco vouchers. The services they perform after the first 650 hours of student work per year do entitle them to eco vouchers, but proportionally to their performance.
Clothing allowance
Like regular employees, students are entitled to a clothing allowance, unless you as an employer provide work clothing and maintain it yourself.
As a reminder, the clothing allowance compensates for the costs that students or employees incur for purchasing and maintaining their work clothing.
Travel expenses
Like their colleagues with regular labour contracts, students are entitled to a contribution towards their commuting costs. Remember that your employees are entitled to a double daily allowance if they travel by private vehicle and work in split shifts.
What does Securex do for you?
Under Joint Committees > PC 302, you will find an overview of all specific rules and exceptions and all amounts applicable in the hospitality sector.
If you have any questions after reading this article, please send an email to MyHR@securex.be, and your Securex Client Advisor will be happy to assist you.
