Posting within a Social Security context

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    Four situations can arise

    1. In case of posting to Belgium from another Member State of the European Union

    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.

    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 State, at the request of the employer or the person.
    By the end of the 24 months period, if the temporary mission in Belgium of the worker is not finished and if the other 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 of the countries concerned. In the event of an agreement, the total duration of the posting could be extended to 5 years.

    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 (NSSO).

    See also:
      
    Dutch version
    French version

    Contact 

    2. In case of posting to Belgium 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.

    Contact 

    3. In case of posting to Belgium from a State which does not belong to the European Economic Area (EU + Iceland, Liechtenstein and Norway) and which is neither Switzerland nor the United Kingdom 

    Two situations can arise: 

    1. 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, which lays down the procedures for its application.

      See also: https://www.socialsecurity.be/CMS/en/coming_to_belgium/FODSZ_Convention

       
    2. Or there is no Social Security bilateral agreement between the sending State 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 situation to the Directorate International Relations of the Belgian National Social Security Office.

    In that case, the aforementioned worker will remain subject to the Social Security system of the sending State during the posting in Belgium, if permitted by the legislation of such a sending State.


    4. In case of posting of workers to Belgium from the United Kingdom

    From February 1st, 2020, the United Kingdom (UK) is no longer a Member State of the European Union but a 'third State’.

    Nevertheless, during a transitional period in 2020, all EU law still remained applicable by virtue of a withdrawal agreement (WA) concluded between the European Union (EU) and the United Kingdom (UK). This meant that the regulations on the coordination of social security systems continued to apply in full to cross-border situations involving EU Member States and the UK until December 31st, 2020, such as the posting of workers.

    From January 1st, 2021, the fundamental European principles of free movement (a. o. for people and services) no longer apply to the UK.

    With effect from January 1st, 2021, a trade and cooperation agreement concluded between the European Union and the United Kingdom has entered into force. It regulates by means of a Protocol the social security aspects of an EU-UK cross-border situation which does not benefit from the maintenance of the "Community acquis" by virtue of the withdrawal agreement (WA).

    More information on BREXIT : see the following webpages : https://campaigns.eranova.fgov.be/m-0ba65597c68d480315afd5cd7293b5593a542566d9e8111b or https://www.socialsecurity.be/employer/instructions/dmfa/nl/latest/instructions/crossborderemployment/bilateral_and_multilateral_agreements/brexit.html

    Contact

    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).