Register for foreign employees becomes mandatory again

Author: Jonas Verplanken (Legal Expert)
Date:

In our previous Infoflash, we informed you that the register for foreign employees was no longer mandatory. However, as a result of a cooperation agreement between the federal government and the regions, new obligations are being imposed on employers.

Why has this register become mandatory again?

The obligation to keep a register for foreign employees was abolished by Ministerial Decree on 30 July 2021. However, a cooperation agreement of 14 July 2021 now reintroduces these obligations.

What obligations?

The cooperation agreement includes 3 obligations:

  1. Keeping a register of personal data;
  2. The mandatory checking of the PLF by the employer;
  3. The mandatory negative test.

The mandatory register

If an employer or user temporarily calls upon the services of an employee or self-employed person residing or staying abroad to carry out activities in Belgium, he is obliged, from the start of the activities until the fourteenth day after their termination, to keep a register containing the following personal data:

  1. the following identification data of the employee or self-employed person residing or staying abroad:
    1. name and first names;
    2. date of birth;
    3. national social security number;
  2. place of residence of the employee or self-employed person during his activities in Belgium;
  3. telephone number where the employee or self-employed person can be contacted;
  4. where appropriate, the designation of the persons with whom the employee or self-employed person works in Belgium.

This obligation does not apply to cross-border workers, nor to stays in Belgium of less than 48 hours. There is also no obligation in case of activities carried out for strictly personal purposes.

Checking of the PLF

If the employee or self-employed person living abroad has to fill in the Passenger Locator Form (PLF) when entering Belgium, the employer must check whether this form has been completed. This must be done before the start of the activities.

The mandatory negative test

If the foreign temporary worker or self-employed person must have a negative test result before entering Belgium, he must keep the proof of this negative test result with him until the 14th day after his arrival in Belgium.

The test result can be checked by the prevention advisors-occupational physicians and the social inspectors in charge of monitoring compliance with the obligations imposed in the context of urgent corona measures.

Sources:

- https://www.partena-professional.be/en/knowledge-center/infoflashes/changed-obligations-foreign-employees

- https://www.partena-professional.be/en/knowledge-center/infoflashes/new-obligations-foreign-employees

- Cooperation agreement of 14 July 2021 between the Federal State, the Flemish Community, the French Community, the Germanspeaking Community, the Joint Community Commission, the Walloon Region and the French Community Commission concerning the processing of data relating to the EU-COVID digital certificate, the COVID Safe Ticket, the PLF and the processing of personal data of employees and self-employed persons residing or staying abroad and carrying out activities in Belgium, Belgian Official Gazette, 23 July 2021.

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