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April 2021


Secondment Agreement Belgium

The ban on the secondment of workers does not apply to temporary employment agencies; However, these agencies are subject to a licensing requirement under very strict conditions. The assignment or subcontracting of work in which employees of another company perform certain work or services at the risk and at the expense and instruction of their own employer is not prohibited – but please note this! If you do not comply with one or more of these conditions, you are committing an offence. The Social Supervisory Authority can verify the details of the agreement between the parties and assess them in relation to the actual situation and vice versa. In reality, this will rarely be a problem. However, the latter condition can more often give rise to interpretations and discussions, since it is not a clear quantitative or qualitative criterion: when will the employer`s authority be eroded for a prohibited delegation? This article highlights the most remarkable commitments and corresponding commitments for detachment in the construction sector. The worker may also be exempt from Belgian social security for the duration of his secondment within the EU or in the event of a bilateral social security contract with the country of origin. If certain conditions are met, the worker may continue to pay social security benefits abroad during his work in Belgium. This is usually demonstrated by a portable document “A1” or by a cover certificate from a foreign social security authority. This “A1” is generally valid for up to 24 months. The idea is that the former employer “lends” the second to the host, but remains his employer for the duration of the assignment.

If the host employer is a Belgian company, the parties concerned must ensure that the secondment complies with Belgian employment, tax and social security requirements. The risks associated with the leasing of prohibited labour may be limited by the conclusion of a service agreement between the original employer as a “service provider” and the Belgian company that will use the worker as a “service user”. Such a service agreement must contain a list of “operating instructions” that the service user may (or should not) give to the service provider`s staff.