Posting of workers to Belgium: Notification of the liaison officer through the LIMOSA declaration
The Act of 11 December 2016 transposed the Enforcement Directive (2014/67/EC) into Belgian law. This act made some modifications to the Act of 5 March 2002 concerning the working, remuneration and employment conditions in case of posting of workers in Belgium and the compliance with it. One of the novelties was the obligation for a foreign employer to appoint a liaison officer (physical person) in Belgium to act as a contact person with the Belgian inspectorate. The Royal Decree of 14 September 2017 that was published yesterday in the Belgian State Gazette states that the liaison officer must be appointed through the LIMOSA declaration. The Royal Decree enters into force on 1 October 2017.
The purpose of appointing a liaison officer is to ensure that there is at all times a “contact point” for the Belgian inspectorate. The liaison officer must deliver every document or advice requested by the inspectorate and has to accept every document or advice from the inspectorate concerning the employment of the posted workers in Belgium.
The liaison officer need not be domiciled in Belgium and can be any person: the foreign employer himself when he is a physical person, an employee of the employer or a third party.
The appointment of the liaison officer must be made as of 1 October 2017 through the LIMOSA declaration. The following information about the liaison officer must be communicated: (i) family name, first name and date of birth (if the liaison officer has a Belgian identification social security number, this number suffices); (ii) the capacity in which the contact person operates; (iii) the physical and electronic addresses as well as a phone number at which the contact person can be reached.
If the foreign employer does not appoint a liaison officer, he can be sanctioned with a level 2 sanction of the Social Penal Code: this is either a penal fine of EUR 400–4,000, or an administrative fine of EUR 200–2,000.
Besides the liaison officer, the LIMOSA declaration must also mention the nature of the services that are being carried out in Belgium. Further, in case of temporary agency work the authorisation number of the foreign temporary work agency must also be mentioned. Finally, for work in the construction sector, it must be mentioned whether or not the posted employees receive benefits in the posting state that are similar to the loyalty stamps and bad weather payment under Joint Committee no. 124 (CBA of 12 September 2013).
> Action point
Foreign employers that post employees to Belgium must, as of 1 October 2017, appoint a physical liaison officer who will provide contact with the Belgian inspection services.