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.
Working hours and rest periods
out of workers
measures for pregnant women
well-being of workers
paid annual holidays
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.
The Belgian liaison office and the labour inspectorate in Belgium
The Belgian liaison office (posting in Belgium)
The Belgian liaison office is the first point of contact
for a foreign employer who wishes to post workers to Belgium.
The labour inspectorate in
The labour inspectorate in Belgium comprises federal departments which can carry out inspections in the
workplace or on a building site (also referred to as temporary or mobile
construction sites) with a view to verifying the compliance with the labour conditions to be applied in case of posting of workers in Belgium.
These federal departments are the two
general directorates of the Federal Department (Ministry) of Employment, Labour
and Social Dialogue which is
responsible for supervision of the labour conditions to be applied in case of posting of workers in Belgium i.e.:
Moreover, another Belgian Inspectorate, i.e. the Social Inspection is also specifically competent regarding the monitoring of the legislation concerning the minimum paid annual holidays (contact : see the following links in French or in Dutch).