Since August 24, any employer or user who temporarily relies on an employee or self-employed person living or staying abroad to carry out work in Belgium in the construction, cleaning, agriculture, horticulture and meat sectors must keep a list of data. The obligation to keep a register will in principle stop at the end of September 2020.
1. Intended sectors
Belgian employers or users* active in the following sectors must keep a register with the details of the employees/self-employed persons they temporarily employ and who live abroad:
- Construction;
- Agriculture;
- Horticulture;
- Cleaning;
- Meat Industry
*Every natural or legal person with whom any of the above work is performed directly or by subcontract.
This obligation does not apply to:
- Frontier workers (= an employee who performs salaried work in one Member State but has his residence in another Member State to which that employee generally returns daily or at least once a week) and;
- The employee or self-employed person living or residing abroad who stays in Belgium for less than 48 hours.
2. What data in the register
The following identification data of the employee or self-employed person living or residing abroad must be kept*:
- Name and first names, date of birth, identification number;
- The place of residence of the employee or self-employed person during his activities in Belgium;
- The phone number at which the employee or self-employed person can be contacted;
- Where appropriate, the designation of the persons with whom the employee or self-employed person works during his activities in Belgium.
*The employer or user must destroy the data fourteen days after the temporary activity ends.
3. Passenger Locator form.
In addition, the employee or self-employed person must yourself must fill in the "Passenger Locator Form" when staying in Belgium for more than 48 hours (https://travel.info-coronavirus.be/nl/public-health-passenger-locator-form).
If the employee or self-employed person residing or staying abroad is required to complete the Passenger Locator Form, then the employer or user who temporarily relies on him for the performance of work must check whether the Passenger Locator Form has actually been completed before the work commences.
In the absence of proof that this form has been completed, the employer or user must ensure that the Passenger Locator Form is completed at the latest when the employee or self-employed person residing or staying abroad starts working in Belgium.
4. Register at the disposal of Belgian authorities
The registry must be kept at the disposal of all services and institutions in charge of the fight against the spread of the coronavirus COVID-19, as well as all services and institutions in charge of monitoring compliance with the obligations imposed as part of the urgent measures to limit the spread of the coronavirus COVID-19. As with many other coronavirus measures, those who do not comply with this obligation risk various sanctions.
If you have any questions, please do not hesitate to contact your client manager or our subsidy expert directly. You can reach us at any time on 051 26 82 68 or by e-mail at info@titeca.be.
