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Do you want to employ a manual worker from outside the European Economic Area in Belgium? Theoretically speaking this is possible, but in actual practice the strict conditions make it quite difficult. However, Flanders has decided to change the rules. In the other federal states, the old rules will continue to apply.
From 1 January 2019, Flanders will offer medium-skilled people easier access to the labour market. No labour market research is required, nor is an agreement with the home country.
However, the profession must be stated on the list of bottleneck professions. This is a dynamic list that is reviewed every two years according to the needs of the labour market.
Below you will find the 20 bottleneck professions divided into five categories:
Driving vehicles and machines
Maintenance of vehicles and machines
Installation, assembly and maintenance of electrical, electronic and sanitary installations
Food
Care
The employees who carry out such a bottleneck profession are employed by the Belgian employer. Employer and employee therefore conclude a Belgian employment contract. Posting is not an option for these employees.
This means that the (sector) scales apply. The employee will therefore also be subject to Belgian social security.
Source: Ministerial Decree of 19 December 2018 establishing the list of medium skilled professions for which there is a structural shortage of labour (Belgian Official Gazette 29 January 2019).
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