Working conditions to be complied with in case of posting in Belgium
Principle : Belgian Posting Act of 5 March 2002.
An employer posting workers to Belgium must, for work carried out in
Belgium, comply with the working, conditions (including the wage/salary and
employment conditions) laid down by Belgian legislative provisions (laws),
regulatory provisions (Royal Decrees) agreements which are subject to the
provisions of penal law.
Being subject to penal law, those provisions come under public law : they are essential provisions safeguarding the rights of workers.
These provisions concern, for instance, working time (limits on working hours, rest periods),
public holidays, temping and hiring out of
workers, well-being at the workplace
(safety at work), wage/salary protection
(time, manner and place of payments, permitted deductions), minimum
wage scales and
other labour and employment conditions laid
down by generally binding sectorial collective agreement (i.e. subject to penal
law) , etc.
NB ! : however, this principle is without prejudice to the application of any working, remuneration and employment conditions of the Country of origin that are more favourable for the posted worker.
Ex. : shorter working time duration or higher salary, in appliance with the labour law of the Country of origin (= sending Country), compared with Belgian labour conditions : those labour conditions of the Country of origin are more favourable for the worker and therefore (by exception) remain applicable.