by Lieven Goossens
From 11 July 2022 and as a result of the transposition of European Directive 2020/1057 on posting drivers in the road transport sector and amending the enforcement requirements, stricter rules apply to foreign workers posted to Belgium. These stricter rules apply for all employers, not just those in the transport sector. The following explains the implications in more detail.
Practically speaking, the law imposes stricter requirements for the contents of the posted worker’s employment contract and higher penalties if the company doing the posting fails to appoint a liaison.
Since July, the employment contract on which a worker’s posting is based must include:
If the posted worker’s employment contract does not contain this information, the employer is considered in violation.
Additionally, the company doing the posting must appoint a liaison. If the posting company fails to do so, it now risks a Level 4 penalty, as opposed to the previous Level 2 penalty. This means they may be subject to a jail sentence lasting from 6 months to 3 years and/or criminal fines of 600 to 6,000 euros or administrative fines of 300 to 3,000 euros. Furthermore, these amounts may be increased by various multiplying factors as applicable.
Any questions? Be sure to begin by contacting a socio-legal adviser if you are contemplating secondment.
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