Motivated notification where the posting exceeds twelve months

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    Where the duration of the posting exceeds 12 months, the posted worker's employer may be exempted, for an additional six-month period, from the obligation to apply the additional Belgian working conditions which must be complied with in accordance with the special scheme normally applicable in that case.

    This additional period always starts on the first day of the 13th month of posting.

    In order to be exempted from applying these additional Belgian working conditions, the employer must send a motivated notification to the social inspectors of the Directorate-General for Supervision of Social Laws of the Federal Public Service Employment, Labour and Social Dialogue, i.e. to the Belgian Labour Inspectorate. This notification may also be sent by a representative of the employer.

    1. This motivated notification is in no way an obligation but a possibility for a posted worker's employer to benefit from the aforementioned six-month temporary exemption.

    Besides, this motivated notification must not be confused with the Limosa posting declaration, which is a compulsory formality that must be complied with prior to employing a posted worker in Belgium.

    2. This motivated notification must be sent, as appropriate, within the following deadlines:

    • before the end of the 12th month of employment of the posted worker, or
    • on 30 July 2020, where the posting already exceeds 12 months on 30 July 2020 but does not reach 18 months on that day.

    The aforementioned deadlines are applied to the letter: any motivated notification submitted after these deadlines shall be considered invalid.

    3. Modalities for submitting the motivated notification to the Belgian Labour Inspectorate.

    To be valid, the motivated notification must be submitted in accordance with the principles set out below.

    • Where the employer has already had to submit a Limosa declaration for the posting to which the motivated notification relates, this employer (or their representative) must submit this notification to the Belgian Labour Inspectorate with the data required , via the online application “ Motivated notification”.
       
    • On the other hand, where the employer was exempted from the obligation to submit a Limosa posting declaration for the posting to which the motivated notification relates, this employer or their representative must submit the notification with the data required by e-mail to the following e-mail address: SPOC.LabourInspection@employment.belgium.be.
       

         In this e-mail, the employer or their representative must provide the following information:

    • the identification data of the employer to whom the notification relates, i.e. as the case may be:
       
      • if the employer is a legal person, the name of the company and the address of its statutory head office, or
         
      • if the employer is a natural person, their surname and first name, date of birth and address;
         
        However, where the employer already has a Belgian company number or, failing that, a Belgian social security identification number, they may provide one of these numbers instead of the aforementioned identification data;
         
    • where a representative submits the motivated notification on behalf of the employer, the identification data of the representative (in addition to the employer’s identification data), i.e. as the case may be:
       
      • if the representative is a legal person, the name of this representative company and the address of its statutory head office, or
         
      • if the representative is a natural person, their surname and first name, date of birth and address.

    However, where the representative already has a Belgian company number or, failing that, a Belgian social security identification number, they may provide one of these numbers instead of the aforementioned identification data.

    • the surname, first name and date of birth of the posted worker for whom the temporary non-application of the additional working conditions provided for where the posting exceeds 12 months is notified.

    However, where the posted worker has an identification number in the Belgian National Register or in the Belgian Crossroads Bank for Social Security (for foreign natural persons not registered in the Belgian National Register), one of these numbers may be provided instead of the aforementioned surname, first name and date of birth.

    • the date, expressed as day, month and year, on which the posting of the worker to whom the motivated notification relates exceeds 12 months;
       
    • the reasons why the employer (or their representative) notifies the temporary non-application of the additional working conditions provided for where the posting exceeds 12 months.

    4. Important note: the motivated notification is temporarily not applicable to activities in the field of road transport.

    As long as the additional working conditions to be complied with in accordance with the special scheme are not applicable to activities in the field of road transport, no motivated notification is therefore provided for such activities in the field of road transport.

    Activities in the field of road transport are those carried out on behalf of third parties and which fall within the competence of the Joint Committee for Transport and Logistics (see the following PDF documents in that regard : in French language  and in Dutch language).
    They concern the transport of goods and the transport of persons.

    The above-mentioned additional working conditions will only be applicable to activities in the field of road transport once a Royal Decree has been adopted determining the date of their application. The same will apply to the motivated notification.

    5. For more information regarding this motivated notification, please contact the Belgian Labour Inspectorate by e-mail sent to the following e-mail address: SPOC.LabourInspection@employment.belgium.be.

    For more information on the working conditions applicable in case of posting to Belgium, please see the following page.