New documentation requirements now in effect for posted workers

IMPACT – MEDIUM

What is the change? Belgium has implemented the EU’s posted workers enforcement directive, imposing new requirements on companies sending workers to Belgium for temporary assignments.

What does the change mean? Companies will be required to keep certain documents available for inspection in Belgium, including copies of employment contracts, overviews of employees’ working hours and proof of salary payment. The documents must be translated into Dutch, English, French or German, if requested by the authorities, and must be kept for at least one year after the assignment ends. The foreign company must also appoint a representative in Belgium who is available to provide documents to authorities for inspection upon request.

• Implementation time frame: Immediate and ongoing. The law was adopted Dec. 11 and took effect Dec. 30.
• Who is affected: Foreign companies, including non-EU/EEA companies, sending employees to work in Belgium.
• Business impact: The changes add administrative steps and document-retention requirements to the process of sending employees to work in Belgium.
• Next steps: A limited number of waivers and exemptions may be granted through an implementing decree that has not yet been issued.

Background: Belgium has for years required “a Limosa declaration” for most posted workers. Under Belgium’s new rules, employers posting workers to Belgium will have to continue to file the Limosa declaration and must also be prepared to make certain documents available for inspection upon request. Limosa declarations can be filed online before the first day of the employee’s assignment in Belgium.

BAL Analysis: Affected companies should make sure they follow Belgium’s new secondment procedures and documentation requirements. Penalties for noncompliance include fines of between €400 and €4,000 in cases involving a criminal prosecution and between €200 and €2,000 in cases where administrative penalties are administered.

This alert has been provided by the BAL Global Practice group and our network provider located in Belgium. For additional information, please contact your BAL attorney.

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