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Work conditions determined by generally binding collective agreements subject to penal law

Generally binding collective agreements (subject to penal law) 

In case of posting of workers in Belgium, only the collective agreements that have been declared to be generally binding (i.e. those subject to penal law) must be applied.

The provisions of generally binding collective agreements (it is to say subject to penal law) are concluded under the Act on collective agreements of 5 December 1968 (with regard, inter alia, to wage/salary scales). 

Such generally binding collective agreements (subject to penal law) have either a national scope either a sectorial scope.
 

  1. National collective agreements are adopted by the National Labour Council and apply to the whole private sector.
    A consolidated version of such national generally binding collective agreements can be found by using the following links : in French language  : http://www.cnt-nar.be/Cct-liste.htm and in Dutch language : http://www.cnt-nar.be/Cao-lijst.htm
     
  2. Sectorial collective agreements are concluded within joint committees and apply to a branch of economic activities.
     

Which generally binding collective agreements are applicable in the sector which is concerned by posting depends on the principal activity of the company concerned, as carried out during the posting in Belgium. 

This principal activity indicates under which joint committee the company concerned falls, which in turn determines which sectorial collective agreements are applicable. 

Information and contact   

FPS Employment, Labour and Social Dialogue

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