BELGIUM – Modified Notification Requirements for Posting Workers
Effective 1 October 2017, companies posting workers to Belgium must use the LIMOSA declaration - the existing system of notifying the Belgian labour authorities of postings – to notify the Belgian authorities of the nature of the services being carried out, and to appoint their liaison officer.
What exactly is required?
A Royal Decree of 14 September 2017, provides for additional information to be included when sending the mandatory LIMOSA declaration for workers posted to Belgium.
From 1 October, employers must include the following additional information in their LIMOSA declaration:
- The nature of the services provided by the posted worker;
- The name, date of birth, address, email and phone number of the person appointed to liaise with the authorities, as well as their capacity to represent the employer;
The liaison officer must deliver all information and documents requested by the Belgian authorities and receive all information and documents from the authorities concerning the employment of the posted workers in Belgium.
They must also retain, until one year after the assignment ends, (either in paper or electronic form) certain documents related to the posting (a copy of the assignment letter, time sheets, salary slips, and proof of payment of wages) and provide them to the authorities on request.
The Act of 11 December 2016, amending the Act of 5 March 2002, implemented EU Directive 2014/67 (concerning the posting of workers in the framework of the provision of services), and introduced the requirement to appoint a liaison officer and to maintain certain documents.
The 11 December 2016 Act also introduced financial penalties of up to EUR 3000 per posted worker for non-compliance with the documentary and representative requirements.