Which procedure must employers follow when notified of an employee’s wage assignment?
This procedure was simplified by the Act of 7 March 2016:
- The creditor must notify his intention to the employee to execute the assignment.
- The employer must be notified of the service to the employee.
- The creditor must deposit a notice of assignment.
- The decision to proceed with the execution of the assignment needs to be served to the employer after the expiration of a 10 day time limit for opposition.
Formalities 2 and 4 may always be done by registered letter or by means of a bailiff’s notification. Subject to a prior agreement between the creditor and the employer these formalities can be done electronically.
After step 4, the employer is obliged to deduct the pay.
Act of 7 March 2016 on simplification of the procedure concerning the assignment of the pay (Belgian Bulletin of Acts and Decrees 21 March 2016).