Employing in Belgium – How TCP can help
If you are a company that would like to temporarily employ a contractor in Belgium compliantly, an agency that would like to place contractors in Belgium, or you are a contractor yourself and would like to work in Belgium without risk, TCP Solutions will be able to assist you from our office in Antwerp.
TCP are a licensed temporary employer. Where the client is not acting as a legal employer and instead outsourcing it, the company doing the employing must hold the necessary ‘labour leasing’ licence. TCP holds this licence which enables us to lend our employee to the client while allowing the client to manage and control the worker. In order for this to work TCP must have a direct contractual relationship with the end client. The end client makes the choices / decisions that directly affect the worker. TCP are also able to work with self-employed individuals, however they will need to register their limited companies with the Belgium authorities before we are able to engage with them.
How does the labour leasing licence work?
A labour leasing licence is required to work in Belgium. TCP requested and received approval for the licence in with the exception of the construction and artistic sector or service vouchers (‘dienstencheques’). This allows TCP to lend contractors to a third party and carry over part of the employer authority to the end user client.
The client has to provide the motive – in other words, the reason under which the lending of labour is permitted – and this has to be mentioned in the framework contract:
- Replacement of a permanent member of staff
- Temporary increase in work
- Execution of exceptional work
- Temp to Perm
TCP is also a member of Federgon. The Federgon ensures that TCP follows the labour lending charter for fair trade: equal opportunities regardless of gender, race, etc; and equal pay for interim workers vs fixed employees of the client.
How are workers protected
Belgium has a long history of strictly regulating labour and employment practices. This is to protect workers and the labour markets and to provide companies with guidelines within which they must work.
Interim employment is strictly regulated to protect all parties:
- The temp worker – They are completely equal to other employees, with all the rights and duties of employment regulation.
- The permanent staff – Due to the strong limitations and strict procedures in labour leasing, the law wants to avoid pressure on the jobs of permanent employees.
- The end user / client – Due to the specific employment contract, the temp worker is undeniably an employee of the labour leasing office, and does not cause an employment liability to the Client
Obtaining a Work Visa
Once the contractor has requested their Visa to enter Belgium, TCP can help with obtaining a work permit. This may take up to three to four weeks to come through. Just simply contact a member of our sales team for help regarding this.
How TCP can help?
TCP have dedicated Account Managers meaning each company will have their own individual Account Manager who will provide a consultative approach towards your business needs and will be there to answer any questions or payroll queries you or your contractors may have.
If you are a recruitment agency, client or contractor and would like to find out more about how TCP can help you or your contractors work in Belgium, you can contact our sales team in Belgium on +32 468 06 01 05 or via email at hassan.barrak@tcpsolutions.com. Alternatively if you are based in the UK and would prefer to contact a UK number you can call our head office in London on +44 (0)208 580 0800.
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