What formalities must be observed for association work?

When an organization calls upon the services of an association worker, certain formalities must be observed. An association work agreement must be concluded and a prior declaration must be made. Two Royal Decrees provide clarifications on this matter.

ASSOCIATION WORK AGREEMENT

The standard model agreement is laid down in the Royal Decree of 15 October 2018, published in the Belgian Official Gazette of 07 November 2018.

In concrete terms, the organization and the association worker must conclude a written agreement no later than at the time of the actual commencement of the association work, containing the following information:

• the identities of the parties;
• the general description of the activities;
• the duration of the agreement (maximum 1 year);
• the location of the association work;
• the remuneration (for 2018, maximum 6,130 EUR/year and maximum 510.83 EUR/month);
• insurances;
• etc.

The model to be used is also available on www.activitescomplementaires.be.

PRIOR DECLARATION

Another Royal Decree has been published in the Belgian Official Gazette of 07 November 2018 relating to the prior declaration that must be made before the association work or the occasional service from citizen to citizen takes place (see our Infoflash of 23 July 2018) in which some points have been clarified.

• the declaration must be made on the website www.activites complementaires.be.
• this declaration must be made prior to the moment when the association worker or the occasional service provider commences his work;
• a declaration prior to the association work may still be amended until the end of the calendar day to which the declaration refers or the end of the day on which work commences. If work ends earlier than foreseen, the declaration may still be amended until the end of the calendar day on which the work ended:
• a declaration prior to an occasional service from citizen to citizen may be amended until the end of the calendar day to which the declaration refers;
• a declaration (both for association work and for occasional services provided by a citizen to a citizen) can be cancelled at the latest at the end of the calendar day to which it refers if the planned work has not been carried out;
• once the declaration has been made, the declarant (the employer for association work or the citizen for occasional services from citizen to citizen) receives a notification from the NSSO with an "additional work code";
• through the NSSO’s application (www.activitescomplementaires.be), the persons involved (employer, association worker, citizen) can consult the monthly and annual amount of the various remunerations that the association worker/citizen has received during the calendar year.

Sources: Royal Decree establishing the model of the standard agreement for association work in implementation of Article 5 of the Act of 18 July 2018 on economic recovery and improvement of social cohesion, Belgian Official Gazette of 07 November 2018; Royal Decree of 15 October 2018 Articles 19 and 25 of the Act of 18 July 2018 on economic recovery and improvement of social cohesion, Belgian Official Gazette of 07 November 2018.