The Belgian law of December 11, 2016 converts the European Enforcement Directive 2014/67/EU of May 15, 2015 concerning the posting of workers into the Belgian legislation. This does not change the European Enforcement Directive itself, it only ensures that the requirements of the Posting of Workers Directive 96/71 / EC, in practice, can be used more effectively in Belgium by giving more control options. In addition, the law makes it easier for the posted workers to demand for their rights.
What is new:
- The law introduces factual criteria to check the existence of a posting: there are two lists, on the one hand a list based on which the review of the temporary nature of the posting will be made and at the other hand a list of elements based on which the substantial activities abroad will be evaluated.
- The foreign employer is legally obliged to assign a liaison person (mandatory) in Belgium and this before the start of the secondment.
- The foreign employer has to submit some documents to the inspection services via the appointed liaison person (mandatory).
- Administrative sanctions and fines imposed in Belgium can be enforced in the home country under the new legislation
- Additional rules regarding the joint liability of the principal and contractors for the payment of the salaries.
Royal Decrees will bring more ptratical information.