Retaining pay as a juror?

Retaining pay as a juror?

Monday, Dec. 5, 2022, the trial of the March 22, 2016 attacks began. For 6 to 9 months, 7 women and 5 men will effectively serve as jurors. In addition, 24 reserve members were also drawn.

Any employee can be called as a citizen to serve on an assize court jury. What does this mean for the employer and the employee? Will you be paid your wages if you are called as a juror? As an employer, must you continue to pay wages if your employee is called as a juror?

General

The Assize Court has jurisdiction over crimes such as premeditated murder, attempted premeditated murder, murder or hostage-taking. The Court consists of three appellate judges assisted by a clerk and people's jury. The people's jury consists of 12 citizens who are drawn by lottery. To qualify as a jury, a number of criteria must be met:

• Enrolled in the register of voters
• Age between 28 years and 65 years
• Enjoy civil and political rights
• Be able to read and write
• No criminal conviction for imprisonment for more than four months or community service for more than sixty hours

Suppose you are called and elected to serve as an alternate or effective sitting juror. What about wages? As an employee, are you entitled to continued pay? As an employer, must you continue to pay the wages of your employee who was summoned?

Legal framework

Article 30 of the Labor Contracts Law reads as follows:

"The employee shall have the right to be absent from work, with retention of his/her normal pay, on the occasion of family events, for the fulfillment of civic obligations or civil assignments and in case of appearance in court"

This absence is sometimes called the short leave or short absence mentioned. An employee has the right to be absent from work with regular pay to participate in a jury for the time necessary with a maximum of five days (Article 2, 12° RD August 28, 1963).

Right to wages

During his absence, the employee has entitled to his regular salary. However, this requires that:

• The employee notifies the employer of the event in advance, or as soon as possible if it is impossible to do so in advance;
• The employee uses the leave for the purpose for which it is authorized;
• The absence coincides with a day on which the employee would normally have worked.

It is important to note that "regular pay" also includes premiums, overtime pay and other benefits that would have been awarded if the employee had simply worked during the absence.

What if the process takes longer than 5 days?

If the process takes longer than 5 days, there are two possible options:

Either the employer decides to continue paying the salary; however, he is not obliged to do so. In this case, the employer receives compensation from the FPS Justice equal to the gross daily wage increased by the employer's social security contributions, as well as the relevant vacation pay and end-of-year bonus. The employee's fringe benefits are not taken into account. The daily allowance is calculated as follows:

• Either on the basis of 1/20 of the monthly salary
• Either based on 8 times the gross hourly wage

Conclusion: during the first 5 days, the employer is obliged to pay the employee's normal wages. From the sixth day, the employer can continue to pay the wage. In any case, the employee receives his gross salary through the employer or the FPS Justice.

Additional fees

Any juror who answers the summons is entitled to reimbursement of their travel expenses (€0.5824/km). In addition, anyone summoned will receive €12.03 regardless of whether you are challenged or discharged. Each juror will receive €48.78/day if serving effectively or as an alternate. These allowances must be requested from the President of the Court of Assizes. The employee receives these amounts in addition to the salary (Circular 131/9 of January 8, 2022 on the indexation of the rates of court fees in criminal cases and the assimilated costs).

May one refuse to take a seat?

The non-exempt sworn person may be punished by a fine of 50 to 1,000 EUR multiplied by opdeciemen (Article 316bis Criminal Code) who does not present himself at the Court of Assizes on the day and time set in the summons or who refuses to take his seat.

One can ask to be discharged by addressing a letter to the President of the Court. The letter will state the reasons why one cannot be seated e.g. wife is about to give birth, seriously ill relative requiring care, etc.

Consequently, the employer cannot prohibit the employee from fulfilling his duty. Nevertheless, if the business operation requires it, the employer may issue to the employee a certificate stating that the employee's presence in the company during that period is indispensable. However, the final word remains with the President of the Court of Assizes.

Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.