The Posting Act of 11 December 2016 transposed the Enforcement Directive (2014/67/EC) into Belgian law. Several implementing modalities have already been detailed in the Royal Decree of 14 September 2017 (among others, appointing a liaison officer). The Royal Decree of 5 December 2017 aims to further align the existing legislation with the Posting Act. On the one hand, this concerns the exemption for keeping the ‘new’ social documents that must be kept since the Posting Act, and on the other hand, the procedure to appoint the liaison officer for two categories of posted employees that are exempt from the obligation to make a LIMOSA notification. The Royal Decree enters into force on 1 February 2018.
Foreign employers, posting their employees to Belgium, must keep several social documents, unless they are exempt from this obligation (maximum 12 months).
The new Royal Decree now also provides for an exemption from the ‘new’ social documents that foreign employers must keep since the Posting Act entered into force (in particular, a copy of the employment contract, information about the currency in which the remuneration is paid, an overview of the working time and proof of payment of the remuneration) for certain employees for whom the employer is exempt from making a LIMOSA notification (e.g. for meetings in closed circle). However, the new exemption does not apply to employees who are exempt from the LIMOSA notification in international transport, for the initial assembly and/or installation of goods and for urgent maintenance work or repairs to machinery.
As of 1 October 2017, foreign employers must appoint a liaison officer, prior to the posting of employees, through the LIMOSA notification ( see our 20 September 2017 newsflash ). It is now determined how the liaison officer must be appointed for certain categories of employees that are exempt from the LIMOSA notification. In particular, it concerns:
- employees employed in the sector of transport of persons or goods (with the exception of cabotage activities on Belgian territory which requires a LIMOSA notification); and
- employees posted to Belgium for the initial assembly and/or first installation of a piece of equipment (for maximum eight days with the exception of activities in the construction sector, which also requires a LIMOSA notification).
For both categories of employees, the employer must communicate the information with regard to identification and the
address of the liaison officer to the social inspectorate of the
General Direction Control of Social Laws by e mail (SPOC.LabourInspection@employment.belgium.be ) or by regular mail. The information is the same as the information that must be communicated through the LIMOSA notification.
> Key message
When posting foreign employees to Belgium, verify if and which social documents must be kept and if a liaison officer must be appointed.