New Year's tips for SME entrepreneurs

Whistleblower Protection Act

On February 18, 2023, the Whistleblowers Protection Act came into effect, replacing the House for Whistleblowers Act. As a result of this new legislation, employers with 50 or more employees are required to have an internal reporting procedure in place, outlining how reports of misconduct are handled. Additionally, more parties are protected by the prohibition against retaliation, and it is now possible to make an external report directly, unlike under the House for Whistleblowers Act.

Employers with more than 249 employees have been required to comply with the law since 18 February 2023. For small employers, from 50 to 249 employees, the obligation to have an internal reporting procedure has been in place since 17 December 2023. For more information about the law and the conditions, please contact Corinne Knippels.

Minimum Hourly Wage Introduction Act

With the entry into force of this law on 1 January 2024, a minimum hourly wage applies to all employees aged 21 and over in all sectors. The predecessor of the Minimum Hourly Wage Introduction Act, namely the Minimum Wage and Minimum Holiday Allowance Act, has been repealed. There is no longer a minimum daily, weekly or monthly wage. Thanks to the new law, the minimum hourly wage for everyone aged 21 and over is €13.27 per hour.

The aim of the Minimum Hourly Wage Introduction Act is to achieve a uniform wage in all sectors. Under the old wage system, hourly wages were not the same in every sector but depended on the usual full-time working hours in one week in the sector in question. To arrive at the hourly wage, the weekly wage - which is the same for all sectors - was divided by the usual full-time working hours. If the full-time working hours are 40 hours, the hourly wage is lower than for a full-time working time of 36 hours. This inequality has been eliminated by the Minimum Hourly Wage Introduction Act. If you employ employees who earn (almost) the minimum wage, you must be vigilant that the new statutory minimum hourly wage is observed.

Working from home allowance

Since Covid-19, (partially) working from home has taken a huge turn. Many employees still work from home a few days a week. To meet the costs of this, such as energy costs, coffee and tea, you as an employer can provide a homeworking allowance to employees who work (partly) from home. You are not obliged to do so, unless this is included in the employment contract, collective labour agreement or employee handbook. Please note that you are not allowed to pay a travel allowance and working from home allowance for the same day.

In 2024, the maximum tax-free working from home allowance will be €2.35 per day.

Travel cost reimbursement

Employees can receive compensation for the business kilometres worked, including commuting kilometres. An employee does not have to pay wage tax on this. As an employer, you do not have to attribute this to the fixed budget of the work-related costs scheme. As of 1 January 2024, the maximum tax-free kilometre allowance is €0.23 per business kilometre.

Transition payment cap

In certain cases, an employee who has left the company is entitled to a transition payment. This is the case if the initiative for terminating the employment contract lies with you as an employer or if the initiative lies with the employee, but then there must be seriously culpable conduct on the part of the employer.

The transition payment amounts to 1/3 gross monthly salary per full year of service (including holiday pay, bonuses, thirteenth month and overtime allowances). For each incomplete year of service, the transition payment will be calculated pro rata up to the last working day.

A maximum transition payment is determined annually. For 2024, the transition payment has been set at a maximum of €94,000. If an employee's annual salary is higher than €94,000, the transition payment amounts to a maximum of one gross annual salary.

Training budget

Since 1 January 2024, the STAP (Stimulus Labour Market Position) subsidy has expired. This has been replaced by the SLIM scheme (Incentive Scheme for Learning and Development in SMEs). This scheme aims to promote learning and development in SMEs and can now also be used for individual training. With the SLIM scheme, the government wants to stimulate learning and development in SMEs by investing in knowledge, growth and development.

The grant can be applied for the following activities:

1. A training or development plan;

• This maps out a company's training needs.

2. Career and development advice for employees;

• Career and development advice encourages employees to actively think about their future and helps the entrepreneur to keep his employees vital. In addition, it is also good for the strategic (personnel) planning of the company.

3. For initiatives aimed at methods that encourage employees in their development;

• This could include setting up a company training school or creating a system of development discussions with employees.

4. Third learning route.

• Offering a practical apprenticeship for an MBO course. This is a tailor-made program for adults with work experience but can also be aimed at job seekers and employees who want to make a career switch.

All SMEs can apply for a subsidy, regardless of the size of the workforce. Larger companies with a lot of seasonal work (agriculture, hospitality and recreation) may also apply. If, as an employer, you have already received a SLIM subsidy, you may apply again. However, it must be a different activity. It is not possible to receive funding twice for the same initiative.

Individual applications can be submitted from 1 to 30 March and 2 to 30 September 2024.

Did you know that we offer services that are eligible for a SLIM subsidy? For example, individual coaching, personality assessments, group training or development sessions for a team or MT, but also the introduction of a development or assessment system. If you would like to know more about the possibilities, please contact Corinne Knippels.