Checklist ✔ required data when employing third-country nationals through subcontracting

To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in the Flemish Region are obliged to request certain data from these subcontractors (Cf. Decree of 27/10/2023). 

The Flemish Government's Implementing Decree was published in the Belgian Official Gazette on 4 June 2024, containing a checklist of the specific data to be requested. The decision will enter into force on 1 January 2025. 

Checklist

This data includes the following: 

• Valid passport/similar travel document of all third-country nationals employed by the direct subcontractor or performing self-employed professional activities on behalf of the direct subcontractor. If the direct subcontractor is a natural person who is a third-country national, proof of their valid passport or equivalent travel document should also be included.

• If the third-country national has neither permission to work in Belgium nor a Belgian residence permit: 
  • proof of the right of residence or residence permit for more than three months in the EEA member state or Switzerland where the third-country nationals reside;
  • Form L1 if the activities fall within a posting within the scope mentioned in Article 138 of the Programme Law (I) of 27 December 2006;
  • proof of the document issued by the foreign institution certifying that the social security legislation of that country remains applicable during employment on Belgian territory. If the document is not provided at the start of the collaboration, it will suffice for the receipt of the application for the aforementioned document to be submitted by the direct subcontractor.

• If the third-country national does have permission to work in Belgium and a Belgian residence permit: 
  • proof of legal residence;
  • proof of a valid Belgian work permit or professional card;
  • a Dimona declaration.

Application under development

The aforementioned data should be verified through an application before collaboration begins. However, this application is currently being developed. The data that cannot be accessed through the application should be requested from the direct subcontractor.

We are assisting a large number of our clients on this matter and have thus built up real expertise. Do you have any questions? Feel free to contact us.