Foreign employers posting employees to Belgium must now appoint a liaison officer

As of 1 October 2017, foreign employers posting employees to Belgium are now required to appoint a liaison officer.

The new obligation is as a result of the Act of 11 December 2016, which transposes the Enforcement Directive 2014/67/C into Belgian law here. It has amended the Act of 5 March 2002 on the working, remuneration and employment conditions relating to the of posting of workers in Belgium. The new Act created the obligation for the foreign employer to appoint a liaison officer (an individual) in Belgium to act as a contact person with the Belgian labour inspectorate.

The purpose of appointing such liaison officer is to set up – for the Belgian labour inspectorate – a contact point with the foreign employer in Belgium at all times. This new role consists of delivering every document or piece of advice required by the labour inspectorate and to abide  by every document or advice coming from the labour inspectorate concerning the employment of a posted worker in Belgium.

The liaison officer can be any individual and does not need to be officially domiciled in Belgium. If the foreign employer is an individual himself, he can be the liaison officer. It might also be an employee of the employer or a third party.

The Royal Decree of 14 September 2017 specifically states that the liaison officer shall be appointed through the Limosa declaration.

The appointment of the liaison officer must be made as of 1 October 2017 through the Limosa declaration, which is a declaration that any foreign employer sending posted workers to Belgium must register prior to any commencement of the work duties in Belgium. Through the Limosa declaration, foreign employers must deliver the following information about the liaison officer:

• the officer’s family name, first name and date of birth;
• the capacity in which the contact person operates; and
• the address and e-mail address along with a phone number where the liaison officer can be reached by the labour inspectorate. Moreover, from 1 October 2017, employers also need to notify the following details in their Limosa declaration: (i) the approval number of the foreign staffing agency, (ii) the nature of the services and (iii) (for the construction industry) the payment of an end-of-year premium.

Non-compliance is punishable, as a level 2 sanction by the Labour Criminal Code, by a criminal fine of EUR 400 to 4,000 or by an administrative fine of EUR 200 to 2,000.