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Formalities

 

Access to the labour market (employment and work permit)

The granting and issuing of the employment and work permits fall within the competence of the regional authorities  


Concerning the formalities, the employer (or his/her representative) has to ask for an employment permit to the competent authority (the Region).
 
 
The granting of this employment permit to the employer automatically entails the granting of a work permit to the worker.
 

Two situations can arise

The employer is based in a Member State of the European Economic Area (EEA)

The employer is based in a State outside the European Economic Area (EEA)

 

Contact
 

Access to the Belgian territory and stay
 
  

LIMOSA notification 

A foreign employer posting gainfully employed workers to Belgium, or his authorised representative, must notify the authorities via the website https://www.international.socialsecurity.be/working_in_belgium/en/limosa.html before the employment of the workers in Belgium.

The LIMOSA notification provides for information about the worker and the employer (place of employment, duration of posting, work schedule, etc.).

 A receipt LIMOSA-1 is immediately issued.

Every posted employee must produce this LIMOSA-1 to his Belgian client or principal. This must be done before the works starts.

If a posted person cannot produce the LIMOSA-1, the Belgian principal or client will have to report this to the Belgian government (see one of the following links in that regard: https://www.socialsecurity.be/site_fr/employer/applics/meldingsplicht/index.htm# or https://www.socialsecurity.be/site_nl/employer/applics/meldingsplicht/index.htm#), unless this principal or client is a natural person and the workers are employed in that regard for strictly private purposes.

Some categories of persons are exempt from this LIMOSA notification.

NB. : an employer who has served a LIMOSA notification or who enjoys dispensation in this regard is exempt for a period of 12 months from the obligation to draw certains social documents and to respect certains rules.   

Contact 

Liaison person


An employer who is going to post workers in Belgium must communicate to the Belgian Labour Inspectorate the identification and contact details of a liaison person who can be contacted by this Labour Inspectorate. 

  

Documents to be delivered at the request of the Belgian Labour Inspectorate

  The Belgian Labour Inspectorate may, under certain conditions, ask the posting company to deliver documents of the country of origin which are equivalent to the Belgian social records concerning remuneration and other documents referred to in the Belgian Posting Act of 5 March 2002. 

With regard to social security

Posting as defined by labour law must not be confused with Posting within a Social Security context.   

Posting as defined by labour law relates to the labour law rules to be applied duringthe temporary sending of a worker in Belgium while posting within a Social Security context relates to the Social, Security system to be applied during such a temporary sending.    

Three situations can arise
Contact

With regard to Fiscal Law

A first information in that regard can be found by consulting the following links : http://europa.eu/youreurope/citizens/work/taxes/income-taxes-abroad/index_en.htm and for more information on this topic, please consult the Tax Administrations website in French language or in Dutch language 

Contact center : 00/32/(0)257.257.57. 
 

Specific formalities in case of hiring out of workers

By "hiring out of workers" is meant a situation where a worker is lent out by his employer to a user who makes that worker work within his undertaking and exercises over that worker a part of the employer's authority that is normally exercised by the actual employer. 
More information    

 

Specific formality in case of temporary agency work

In Belgium, temporary work agencies are subject to prior authorisation.

The rules relating to authorisation conditions and procedures exclusively fall within the competence of the different Regions and Communities concerned in that regard (Flemish Region, Walloon Region, Brussels Capital Region and German-speaking Community) which can be contacted in that regard.
 

 

Specific formalities in case of construction works : declaration of works and presence registration (checkinatwork) 

Where an employer posts workers in Belgium with a view to performing construction works, certain specific formalities may be required, depending on the estimated amount of the works.  
 

Specific formality concerning certain activities in the meat industry : presence registration (checkinatwork)

 Where an employer posts workers in Belgium with a view to carrying out certain activities in the meat industry, a presence registration (checkinatwork) may be required, depending on the estimated amount of the activities. 

FPS Employment, Labour and Social Dialogue