Declaration of posting & legal representative

Posting the workers to Belgium is subject to obligation to declare the employees on building site. This is done through the Belgian system – an integrated database launched by the Belgian Government in 2007.

What is the declaration of posting? 

All employers who post employees to Belgium are required to report this fact by sending the declaration of posting. 

The declaration must be made before each employee’s period of secondment begins. It is particularly important to indicate the exact dates of starting and ending work in Belgium.

In addition to the time of performing work, the following data are to be reported: employee’s identification data, type of work or industry, place of  performance of work.

If the work ends earlier or later than expected, it is necessary to introduce appropriate corrections to the system.

Please note: If the foreign employer fails to comply with the obligation to declare employees, the Belgian contractor must report this fact to the relevant authorities, who are entitled to impose a financial sanction for non compliance of conditions of posting. 

From October 2017 Belgian legislation implemented the additional obligation for foreign companies, that is the obligation to have a legal representative assigned to each employee:

A legal representative is a contact person in Belgium for the tax office, social security institution, labor inspection and other administrative institutions.

Who may become your representative?

When a foreign company posts its employees temporarily to Belgium, having a representative is mandatory. Lack of  representative is subject to sanctions.
  • Legal representative should be a competent and trustworthy person, since he will keep documents related to the secondment of employees and related to services performed by a foreign company in Belgium.
  • The representative will also be the first contact person on behalf of the foreign entrepreneur with Belgian administration. 
  • A representative is a person who knows the limits of disclosure of documents which he makes available to Belgian administration.
  • Your Representative must be a serious and rigorous person in the performance of his tasks, he must also act in accordance with the letter of the law.

Legal Building offers you support and a team of experts who may be your legal representative.

In order to make declaration of posting and to appoint a representative for your employees, contact us by clicking receive a quote below.

Our services

Legal Building poprowadzi Państwa przez wszystkie etapy administracyjne w celu wykonywania prac w Europie. Chcą Państwo otrzymać informacje odnośnie warunków pracy obowiązujących w innych krajach europejskich? Zamierzają Państwo podjąć pracę w innym kraju Unii Europejskiej? Znajomość formalności natury administracyjnej oraz prawnej kraju docelowego będzie Państwu potrzebna. Legal Building jest po to, aby wspierać Państwa działania. Poniżej kwestie, którymi się zajmujemy.

Formalities

The first stage is to inform about the administrative steps which must be taken in order to work in the chosen country.

Documents

After receiving all the permissions and administrative or legal documents we are proceeding with preparation of the documentation necessary to legal secondment of the workers.

Representation

Specialists from Legal Building represent you in front of the the public authorities and inspection bodies which control whether the building investment meets all the formal requirements applicable in a given country.

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