Formalities to be respected: motivated notification
As announced in our newsflash of 2 June 2020, new rules concerning the posting of workers will apply as from 30 July 2020. The Royal Decree of 15 July 2020 containing various measures concerning posting of workers prescribes the formalities to be fulfilled in order to be exempted for an additional period of 6 months from the application of the more extensive package of Belgian salary and employment conditions.
As from 30 July 2020, the foreign employer must – after the initial posting period of 12 months – comply with a more extensive package of Belgian salary and employment conditions for workers posted to Belgian territory.
However, the employer may be exempted from the obligation to apply the more extensive package for an additional period of 6 months on the condition of a motivated notification.
For this purpose, the employer or his representative must send a motivated notification to the social inspectors of the Directorate-General for Supervision of Social Laws of the Federal Public Service Employment, Labour and Social Dialogue within the following terms:
- before the end of the 12th month of employment of the posted worker; or
- on 30 July 2020 (!) if the posting already exceeds 12 months on 30 July 2020, but does not reach 18 months on that day.
The way in which the motivated notification must be sent depends on the posted worker’s situation:
- Subject to the Limosa notification obligation: via an electronic form available on the website of the Federal Public Service Employment, Labour and Social Dialogue
- Exempted from the Limosa notification obligation: by e-mail to SPOC.LabourInspection@employment.belgium.be
This e-mail must contain the following information:
- the identification data of the employer: name and address of the registered office of the legal person; family name, first name, date of birth and address of the natural person or simply the Belgian company or social security identification number;
- [the identification details of the representative: name and address of the registered office of the legal person; family name, first name, day of birth and address of the natural person or simply the Belgian company or social security identification number];
- the identification details of the posted worker(s) concerned: family name, first name and date of birth or simply the INSZ number;
- the date on which the posting of the posted worker(s) concerned exceeds 12 months;
- the reasons why the employer notifies the temporary non-application of the more extensive package.
For completing the electronic form, the number mentioned on the L1 certificate will also be required, in addition to the identification details of the employer and his representative and the motivation.
Please note that this motivated notification does not create an exemption from the Limosa notification obligation. An extension of the Limosa notification obligation will therefore still be
