BELGIUM – New Requirements for Posting Workers
Effective 1 January 2017, Belgium has implemented EU Directive 2014/67 (concerning the posting of workers in the framework of the provision of services).
The Act of 11 December 2016 requires companies posting workers to Belgium to appoint a representative to liaise with authorities, and to retain for one year after the assignment ends (either in paper or electronic form) certain documents related to the posting (a copy of the assignment letter, time sheets, salary slips, and proof of payment of wages) and provide them to the authorities on request.
The existing system of notifying the Belgian labour authorities of postings with a so-called “LIMOSA declaration” remains in effect.
The new Act also introduces financial penalties for non-compliance with the documentary and representative requirements.
Background
The requirement to notify the labour authorities of seconded workers fulfils EU Directive 2014/67, which enforces the 1996 Posted Workers Directive (96/71/EC) and was due to be implemented by EU Member States by 18 June 2016.
Action Items
- Companies posting foreign national employees to Belgium should ensure that they comply with the new document retention and designated representative requirements.
- Employers posting workers to Belgium should continue to submit LIMOSA declarations online here.
