As announced in our previous update, from 30 July 2020, foreign employers must comply with a more extensive package of Belgian salary and employment conditions for workers posted to Belgium after an initial posting period of 12 months.
However, the foreign employer may be exempt from this more extensive package for an additional six-month period on the condition of submitting a notification with reasons. This notification must be sent to the social inspectorate before the end of the 12th month of the posted worker's employment in Belgium.
The way in which the notification with reasons must be sent was set out in a Royal Decree of 15 July 2020 and depends on the posted worker's situation:
- Subject to the Limosa notification obligation: via an electronic form available on the Federal Public Service Employment, Labour and Social Dialogue website; and
- Exempted from the Limosa notification obligation: by email to SPOC.LabourInspection@employment.belgium.be
Both the electronic form and the email must include some mandatory information, such as the reasons for the temporary non-application of the more extensive package.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
