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Working conditions to be applied

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

Remuneration

Public holidays

Temporary employment

Hiring out of workers

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


Protective measures for pregnant women

The well-being of workers

Minimum paid annual holidays

Non-discrimination

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.  

Legal basis   

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 Belgium  

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).

FPS Employment, Labour and Social Dialogue

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