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An employer posting workers to Belgium must, for work carried out in Belgium, comply with the working, conditions (including the remuneration and employment conditions) laid down by Belgian legislative provisions (laws), regulatory provisions (Royal Decrees) and collective agreements which are subject to the provisions of criminal law.
Being subject to criminal law, those provisions come under public law : they are essential provisions safeguarding the rights of workers.
These provisions concern, for instance, working time (limits on working hours, rest periods), public holidays, temping and hiring out of workers, well-being at the workplace (safety at work), wage/salary protection (time, manner and place of payments, permitted deductions), the remuneration conditions and other labour and employment conditions laid down by generally binding sectorial collective agreement (i.e. subject to criminal law) , etc.
NB ! : however, this principle is without prejudice to the application of any working, remuneration and employment conditions of the Country of origin that are more favourable for the posted worker.
Ex. : shorter working time duration or higher salary, in appliance with the labour law of the Country of origin (= sending Country), compared with Belgian labour conditions : those labour conditions of the Country of origin are more favourable for the worker and therefore (by exception) remain applicable.
- Loi belge du 5 mars 2002 concernant les conditions de travail, de rémunération et d'emploi en cas de détachement de travailleurs en Belgique et le respect de celles-ci.
- Belgische wet van 5 maart 2002 betreffende de arbeidsloon- en tewerkstellingsvoorwaarden in geval van detachering van werknemers in België en de naleving ervan