Starting January 1, 2025, the Flemish Government is introducing additional measures to further reduce illegal employment of third-country nationals (non-EU citizens). As an entrepreneur, it is crucial to take steps now to comply with the new regulations and avoid severe penalties.
Update: de deadline van 1 januari 2025 om de benodigde applicatie te ontwikkelen werd niet gehaald. De minister van Werk deelde dan ook mee dat de inwerkingtreding van de nieuwe verplichtingen voorlopig is uitgesteld tot 1 januari 2026.
What will change?
The new rules build on existing liability in the employment chain, with significant expansions:
- Due diligence
- You are required to request or verify certain documents from direct subcontractors through a new online application (still under development).
- Missing or expired documents must be requested in a timely manner.
Examples of required documents:
- Third-country nationals posted from another EU country: Limosa declaration, A1 declaration, passport and proof of residence in the EU member state.
- Third-country nationals directly employed in Belgium: Belgian work permit, Dimona declaration and proof of residence.
- If documents are not in order, you are obliged to inform the social inspection.
- Extension to the self-employed
Liability will now also apply to self-employed persons without a residence permit. - Harsher sanctions
- Criminal fines: €4,800 - €56,000 per person involved.
- Administrative fines: €2,400 - €28,000 per person.
- Imprisonment: 6 months to 3 years.
The number of fines is multiplied by the number of foreign citizens involved, up to a maximum of 100.
What does this mean for your business?
- More responsibility: Simply having a written statement from subcontractors is no longer sufficient.
- Stricter controls: Even with existing contracts, you are required to comply with the new rules.
- Increased risks: In addition to fines, you can be held liable for unpaid wages of illegally employed third-country nationals.
Action items for entrepreneurs
Prepare well to comply with the new rules and mitigate risks:
- Check contracts: Ensure that service agreements with subcontractors include a written statement.
- Documentation request: Request necessary documents and check their validity.
- Retention data: Keep the documents available for inspections by social inspection agencies.
- Inform yourself: Stay tuned for updates on the online application expected.
Conclusion
The new measures call for a stricter approach to collaborations with third-country nationals and subcontractors. Start implementing these rules early to avoid penalties and legally protect your company.
Do you have questions or need help complying with these new regulations? Titeca is happy to help you with tailored advice. Please contact us for more information.
