Context

Before employing a foreign employee in Belgium, it is crucial to know whether the employee needs to have a work permit. Without the correct work permit, the employee is not allowed to work in Belgium.

In principle, foreign nationals working on the Belgian territory require to have a work permit. Only a limited number of foreign employees are exempted.

News

We have been informed that a long-awaited new Royal Decree providing several modifications to the current Royal Decree of 9 June 1999 regarding the employment of foreign employees was signed on 10 September 2007, and we expect it to be published in the Belgian Official Gazette within the next few days.

The Royal Decree introduces some important new exemptions from the obligation to obtain a work permit. The most important new categories are:

1.foreign executive staff members who will be working on the Belgian territory, provided they will be on the payroll of Belgian headquarters (i.e. under a “local” labour agreement) and will earn an annual gross remuneration exceeding EUR 56,187 (amount for 2007).

2.foreign employees who are assigned to Belgium by their foreign employer for the purpose of attending scientific conferences or closed meetings (so-called business trips), provided the duration of their stay in Belgium needed for these activities does not exceed 5 days per month – apparently, the opportunity to align this exemption with the adaptations to the LIMOSA legislation has not been seized.

3.foreign employees who are assigned to Belgium by their foreign employer for the purpose of receiving training at the Belgian headquarters of a multinational group, provided the duration of this training does not exceed 3 months; this exemption is limited to the actual duration of the training and several strict conditions have to be met.

4.research workers who are assigned to Belgium for the purpose of performing research with a recognized research institute as part of a visiting agreement; the maximum duration of this exemption will be limited to the duration of the research project as determined in the visiting agreement concluded between the research worker and the research institute.

According to our information, a circular letter of the Federal Public Service for Employment, Labour and Social Dialogue with regard to the Royal Decree should be published in the Belgian Official Gazette very soon.