This article aims to provide an overview of the latest legal and administrative developments concerning the posting of workers to Belgium. The topics addressed are relevant to both foreign employers and service recipients in Belgium.
New instructions concerning the posting declaration on the Limosa portal
The temporary posting of workers to Belgium requires the submission of a posting declaration on the Limosa portal. However, it is not always possible to identify the exact place where the service will be provided. The employer, therefore, has now the option of notifying the workplace by choosing among four different methods:
- indicating the exact address of a company;
- indicating the address where the service is provided by teleworking;
- indicating the exact address of a worksite; or
- simply indicating a region.
A revision of the Social Penal Code, toughening sanctions and introducing new infringements
Due to the increase in cases of non-compliance by posting employers, Belgian authorities have implemented a revision of the Social Penal Code, which includes toughening sanctions. For example, failure to send a posting declaration via the Limosa portal is punished with a level 4 penalty (up to €24.000).
The updated Penal Code also sees the introduction of new infringements. Failure to renew a posting declaration within the maximum time limit, for example, is punished with a level 4 penalty.
New duty of care obligations to tackle illegal employment in the Flemish region
Following some cases of social dumping, the Flemish government has introduced a new duty of care obligation in the fight against false posting and illegal employment.
As of January 1st 2025, a contractor will have to include a written declaration in the contract with direct subcontractors, confirming that these subcontractors will not employ non-EU nationals illegally. To this end, the contractor will have to ask the subcontractors to provide specific information and documents, including:
- Valid passport of the posted worker and non-EU citizen,
- Residence permit for a European Economic Area country or Switzerland, valid for 3 months after the last day of posting,
- Posting declaration sent via the Limosa portal,
- A1 Certificate.
If the subcontractor does not provide the requested information, the contractor must inform the inspection authorities.
