Companies│Non-EU citizens: third-country posting
NON-EU CITIZEN THIRD COUNTRY SECONDMENT
Third-country secondment is the temporary employment of workers who are not nationals of the European Economic Area (EEA) or Switzerland by an employer established outside Belgium.
1. Secondment from an EU member state
Third-country nationals (non-EEA/Switzerland citizens) who lawfully work and reside in another EU member state and who are temporarily seconded to Belgium by their employer fall under the Vander Elst exemption.
Vander Elst exemption
This means that you do not need to apply for a Belgian work permit or single permit, provided that all the conditions of the exemption are met:
There is a valid employment contract with the employer in the posting Member State.
The employee has a right of residence (of at least 90 days) in the posting Member State.
The employee holds a valid passport and the necessary residence documents in the posting Member State.
The employment in Belgium is temporary and work-related.
Is the posted worker staying longer than 90 days?
- Then the posted worker must register with the municipality and apply for an A-card within three days of arrival.
As an employer, you must arrange the following:
Limosa certificate.
A1 form (proof of social security in the posting member state).
Valid employment contract.
Valid residence and work permit from the posting member state.
Attention
This exemption only applies to posting from another EU member state. Posting from a third country (outside the EU/EEA/Switzerland) is not covered here.
YOU MUST ALSO COMPLETE THESE OBLIGATIONS. Go quickly to
2. Posting from a third country (outside the EU/EEA/Switzerland)
The rules regarding single permits and work cards apply to postings from third countries.
Types of permits:
For less than 90 days: you must apply for a work card.
For 90 days or more: you must apply for a combined permit (single permit).
You cannot apply for a Single Permit for the categories ‘other’ or ‘medium-skilled shortage occupation’.
Only highly educated individuals qualify.
Source: vreemdelingenrecht.be
SOCIAL SECURITY. Bilateral agreement
Posting from outside the EU is especially relevant when Belgium has a bilateral agreement with the employee's country of origin. In that case, the employee can remain under the social security system of the home country during their employment in Belgium.
Is there no bilateral agreement?
Then posting becomes legally more complex and less advantageous.
As an employer, you must then:
Apply for a work card or single permit (depending on the duration of the employment).
Register the employee with the Belgian social security system and pay the associated contributions.