Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Belgium: Rules for Hiring Out Labor Come into Force

(Mar. 4, 2013) A Belgian law of December 27, 2012, published in the State Gazette on December 31, became effective on January 10, 2013. Among its provisions are rules on the hiring out of workers to other companies. (Leen Holvoet, The New Programme Act, LEXGO.BE (last visited Feb. 28, 2013).)

Belgium’s government defines the “hiring out” of workers as a “situation [in] which a worker is lent out by his employer to a user who makes that worker work within his undertaking and exercises over that worker a part of the employer’s authority that is normally exercised by the actual employer.” (Hiring Out of Workers, Belgian Federal Public Service Employment, Labour and Social Dialogue website (last visited Feb. 28, 2013).)

The rules on when it is possible to hire out workers have been tightened and penalties are attached for those businesses that do not observe the regulations. In addition, there is a provision penalizing attempted evasion of Belgian social security provisions or other labor laws. (Holvoet, supra.)

In addition, the new legislation has measures to encourage employers to offer training to their temporarily unemployed workers; provisions related to pensions; and a requirement for contributions to social security of 33% for employers and 13.07% for employees, to be levied on non-recurring bonuses. (<?Id.)