Cases where the legal mobility budget can increase or decrease
First of all a legal mobility budget is not fixed. Most companies work with mobility budgets that are related to function categories. This means that a promotion or demotion, which places an employee in a higher or lower function category, will affect the size of the budget, positively or negatively. The same applies in the event of a job change.
Besides this, the employer can choose to index the legal mobility budget for their employees. The indexation of the legal mobility budget must be lower than the sectoral wage index. The employer decides when the indexation happens and decides the size of the index (taking into account the previous sentence). The planned indexation needs to be communicated towards the employees.
If the employee switches from a full-time to a part-time regime (or the other way around) will normally not affect the amount of the legal mobility budget. Depending on the employers car policy or mobility budget policy, the legal mobility budget may nevertheless be affected.
This is the case when the policy provides that the right to a company car is not fully retained when switching to part-time employment. In this case, for example, the employee will have to pay an own contribution to still keep the company car. The employer can then reduce the legal mobility budget, depending on the own contribution that would have to be paid.
Cases where the legal mobility budget can not increase or decrease
If the employer adjusts its car policy or its mobility budget policy, this will have no impact on the legal mobility budget for employees who already have it.
For employees entering the system newly, do experience the consequences of the employers new car policy or mobility budget policy. The legal mobility budget is then determined according to the company cars offered at that time according to the new car policy or mobility budget policy. In this context, the date of the employees application for the legal mobility budget is relevant.
Moving residence as employee or the relocation of the workplace does not affect the legal mobility budget. It may, however, affect the use of the legal mobility budget in relation to housing costs.
Only when the workplace is no longer located in Belgium or the employee no longer has a Belgian employment contract, Belgian legislation no longer applies. The legal mobility budget will then also no longer be available.