New obligations for foreign employees

On 12 January 2021, another ministerial decree that changes the rules for foreign employees was published. In this infoflash we discuss some of the new measures:

• The general obligation to keep a register for foreign workers
• The general obligation to check the Passenger Location Form (PLF)
• The compulsory negative corona test for foreign workers - all sectors

General obligation to keep a register for foreign workers - all sectors

In a previous infoflash, we already talked about this obligation in the construction, cleaning, agricultural,horticultural and meat processing sectors. This obligation is now extended to all sectors: all employers who temporarily employ employees or self-employed persons from abroad in Belgium (with the exception of employers who are natural persons) must keep such a register.

This obligation does not apply to cross-border workers or when the stay in Belgium is less than 48 hours.

This obligation does neither apply to the natural person with whom or for whom the work is performed for strictly personal purposes (e.g. installation or maintenance of heating)

The register can be claimed by the contact investigation services and by the inspection services.

The data that an employer has to keep are the following:

• identification details
• name and first names
• date of birth
• national register number or bis number
• place of residence when the work is carried out
• telephone number where the employee or self-employed person can be contacted
• where appropriate, the persons with whom the employee or self-employed person cooperates.

The employer must keep the updated list from the start of the employment until the 14th calendar day after the termination of the employment. Thede data may only be used in the fight against COVID-19, such as for the detection and investigation of clusters at the same address. After this period, they must be destroyed.

General obligation to check the Passenger Location Form (PLF) - all sectors

In addition, employers or users are also obliged to check whether the PLF (Passenger Location Form) has been completed by the employee or the self-employed person from abroad. Employers must ensure that the form is completed before the start of the employment in Belgium.

This obligation already existed in the construction, cleaning, agricultural, horticultural and meat processing sectors, but has now been extended to all sectors.

This obligation does neither apply to the natural persons with whom or for whom the work is performed for strictly personal purposes.

Compulsory negative corona test for foreign employees - all sectors

In a previous infoflash, we already mentioned the compulsory negative test in the construction, cleaning, agricultural, horticultural and meat processing sectors. This obligation has now been extended to all sectors.

The employee or the self-employed person from abroad must be able to provide a negative covid test taken less than 72 hours before the start of his employment in Belgium (except if he resides less than 48 hours in Belgium or if he is a cross-border worker).

This negative result can be checked by the prevention advisers-occupational health officers and by all the services and institutions in charge of monitoring compliance with the obligations imposed as part of the urgent measures to limit the spread of the COVID-19 coronavirus.

When will this take effect?

These measures enter into force as from 12 January 2021.

In principle, these measures apply until 1 March 2021. 

Source:

- Ministerial Decree of 28 October 2020 on urgent measures to limit the spread of the COVID-19 coronavirus, as amended by the MDs of 19 December 2020, 24 December 2020 and 12 January 21, Belgian Official Gazette of 12 January 2021;

- https://werk.belgie.be/nl/nieuws/wijziging-mb-van-28-oktober-2020-verplichtingen-voor-tijdelijke-tewerkstelling-van.