BELGIUM – Belgium updates posted worker rules
Affected companies should make sure they follow Belgium’s posted worker procedures and documentation requirements.
IMPACT – MEDIUM
What is the change? Officials have implemented new rules requiring companies sending posted workers to Belgium to provide specific information about the person who is appointed to act a liaison between the sending company and Belgian authorities.
What does the change mean? Effective Oct. 1, companies submitting Limosa declarations (as posted worker notifications are called in Belgium) must include, among other information, (1) the name and date of birth of the person who will act as the liaison; (2) the capacity (e.g., employer or representative/proxy holder of employer, job title) of the person to liaise; and (3) the person’s physical address, email address and telephone number. The liaison can be the employer or a third person and does not need to be domiciled in Belgium.
- Implementation time frame: Immediate and ongoing. The change took effect Oct. 1.
- Visas/permits affected: Limosa declarations.
- Who is affected: Foreign companies, including non-EU/EEA companies, sending employees to work in Belgium.
- Business impact: The change adds administrative steps to the process of sending employees to work in Belgium.
Background: Belgium has required employers to submit a Limosa declaration for most posted workers since 2007. Belgium updated its posted worker rules in December 2016, moving the country into compliance with the EU’s posted workers enforcement directive. Posting companies must keep certain documents available for inspection in Belgium, including copies of employment contracts, overviews of employees’ working hours and proof of salary payment. The documents must be translated into Dutch, English, French or German if requested by the authorities, and must be kept for at least one year after the assignment ends. Posting companies also must designate a liaison who can receive information from authorities and make documents available to authorities for inspection upon request. Under a royal decree issued in September, companies must now provide specific information about the liaison as part of their Limosa declarations. The Oct. 1 changes also require companies to provide information on the nature of the services provided and additional information in cases involving temp agencies or construction work.
BAL Analysis: Affected companies should make sure they follow Belgium’s posted worker procedures and documentation requirements. Penalties for noncompliance include fines of between €400 and €4,000 in cases involving a criminal prosecution and between €200 and €2,000 in cases where administrative penalties are administered. Those with questions about the changes Belgium implemented in December or those that took effect Oct. 1 should contact BAL.
This alert has been provided by the BAL Global Practice group and our network provider located in Belgium. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact email@example.com.