Posting within a Social Security context
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Three situations can arise
In accordance with European Regulation 883/2004 of 29 April 2004, from 1 May 2010, a worker may continue to be covered for a maximum period of 24 months by the social security of the sending Member State during a period of posting to Belgium.
To this end, the worker should hold an A1 form.
In that regard and more precisely, if the posting conditions are fulfilled, the competent Social Security institution of the sending State (State of origin) shall issue a certificate of applicable legislation A1 which provides evidence that the worker concerned remains subject to his/her usual Social Security system of the sending Member State.
By the end of the 24 months period, if the temporary mission in Belgium of the worker is not finished and if the conditions of Posting remain fulfilled, an extension of the posting period may be granted on basis of the mutual agreement of the Social security institutions concerned.
The request of extension must be submitted to the competent Social Security institution of the sending Member State which, if agreeing with such a request, will seek the agreement of the Belgian National Office of Social Security.
In case of posting from Iceland, Liechtenstein, Norway or Switzerland
The abovementioned rules also apply to posting situations concerning, on the one hand, Switzerland since 1 April 2012 and, on the other hand, Island, Liechtenstein and Norway since 1 June 2012.
The same procedure as the abovementioned procedure applies in such cases.
In case of posting from a State which does not belong to the European Economic Area (EU + Iceland, Liechtenstein and Norway) and which is not Switzerland
Two situations can arise:
- Either the sending State has concluded a Social security bilateral agreement with Belgium
The posting rules and the procedure to be applied will be respectively determined by such a bilateral agreement and by its Administrative Arrangement.
See also: https://www.socialsecurity.be/CMS/en/coming_to_belgium/FODSZ_Convention
- Either there is no Social Security bilateral agreement between the sending State (State of origin) and Belgium
In that case, the Belgian Social Security system will apply to the worker employed in Belgium by an employer established in such a third State if this employer has an effective operating unit in Belgium to which the worker is linked.
On the contrary, if the aforementioned condition is not fulfilled the Belgian Social Security system will not apply to the worker concerned.
This worker can request a certificate confirming such a non-appliance to the Directorate International Relations of the Belgian National Social Security Office.
Moreover, the aforementioned worker will remain during the posting in Belgium subject to the Social Security System of the sending State, if permitted by the legislation of such a sending State.
For more information about posting within a Social Security context, please contact the Belgian National Social Security Office, Directorate International Relations, tel. : (tel. : 0032/2/509.59.59 or, in French language : ContactONSSMigr@onss.fgov.be) and in Dutch language : ContactRSZMigr@rsz.fgov.be).