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Bad employer - back-pay for social security
My former employer, a large NGO promoting "human rights" terminated my permanent contract in January. This was under the new laws so without notice period and without cause.
I was told by Actiris that as a foreigner with an expiring residence permit (4 months later) that I didn't qualify for unemployment (chomage). This was a sting as I'd been paying taxes from each paycheck for the past two years...
Until I found out that wasn't the case. The NGO was paying "social security" tax to the US, not to Belgium, despite me being hired here locally and not a transfer/expat status.
Last week I received a 8100 EUR bill from Euromut to cover my social security over the last two years. I spoke with my accountant who said it must be a mistake, then I spoke with Euromut who explained that I hadn't been contributing social security. Though I thought I had.
My employer really took advantage of the situation here to pay as little tax as possible, and now I am faced with this large bill.
Can anyone recommend a lawyer?
OR can anyone recommend a competent person at a Union? I tried to go to CSC today but it's closed, and in the past I found they were overwhelmed and unable to take the time to help me since I'm a foreigner...
I can recommend the FGTB.
Seems there are lots of "unusual" factors surrounding your ended employment. First of all, there is a notice period, even with the changed law from 2014. And the social charges and income tax payment do not look "coherent" either, neither does the invoice from Euromut make sense. (without having seen your payslip).
I would recommend you urgently go to the FGTB or any other trade union.
Good luck!
You have been sacked illegally - the OLD rules applies, as those are the rules under which you were hired => you should have got the "Claes formula" payout. That should be about 4 to 6 months salary in compensation.
Your employer has also been acting illegally by not paying the correct tax and social security either.
Have you been to see the local tax people to ask them for advice? You're obviously the victim here, and several thousand euros out of pocket, and if that's the case for you, its likely to be the case for other people working there. So the tax people ought to be able to give you some good advice on where to go and what to do, and in return, you ought to be able to help them make sure there are no other victims of this scam.
I don't trust the laywers here in Belgium very much whereas trade unions are quite reliable here.
Don't know about the deadline, but if you went to the trade union legal service they will be able to tell you and take immediate action. I would advise you to still do it this week, in case there is this 1 year deadline and to be on the safe side. Normally there are conditions which allow to still accept you and your case.
