Western Association of Road CarriersWestern Association of Road Carriers
Directive 2014/67 / The EU posting He was moved to the end of the Belgian law 2016 r. i It applies to cabotage in Belgium.
Requirements for posting in Belgium:
• international transport: exempt employees and self-employed in international passenger and freight, with the exception of cabotage in Belgium
• Proof of application Limosa -1 It must be submitted before the start of operations in Belgium. It should cover the entire duration of the activities in Belgium.
• If several activities were carried out cabotage, declaration can be made up to a year.
• Appoint a contact person in Belgium ( = representative of a natural person, given in the form Limosa)
• Proof of application Limosa-1 must be available in the vehicle during inspection
In recent times, the requirements in Belgium for the minimum wage have changed.
The latest position of the Belgian services were revised and regulations governing minimum wages are also applicable to international transport (excluding transit).
REPORTING OF EMPLOYMENT
The obligation to notify the posting of workers applies only cabotage operations.
International transport does not require reporting of posting.
Declarations posting reports online system LIMOSA.
Delegating company is obliged to set up an account on the portal Limosa and through it to report secondment.
The declaration shall be submitted each cabotage operation and employee, which will be performed.
Drivers seconded to Belgium, They must carry:
L1 - the declaration of posting (Sample declaration is available here)
ID card or passport
visa (for non-EU citizens)
For information (for ease of control - this is not an obligation, but it is recommended):
contract of employment
przedsiębiorstwo oddelegowujące, which:
does not carry on business in Belgium (np. branch),
no posts workers temporarily to work in Belgium,
a zatem przedsiębiorstwo, which posts workers and the occasional short-term stays, MUST NOT have a representative in Belgium.
For occasional and short-term stays, Federal Public Service for. Employments, Labor and Social Dialogue recognize the international transport and cabotage.
The ferry / train (in addition to the regular rest):
Remuneration for the hours of availability: 90 % basic hourly wage
Availability time on Sundays / holidays:
Remuneration for the hours of availability: + 50 %
Appendix RGPT (sanitary): 1,3920 each h
- obligatory for drivers
Allowance for night work (20h00-06h00):
< do 50 years 1,1565 each h
Above 50 years 1,4450 each h
3) Appendix residence (in the case of spending the night away from home- in kabinie-):
A large addition residence (delegation) 36,6810 /24h
Small supplement residence permit B (delegation) 14,8685
(Small supplement, in the case of the first daily rest, when the time is shorter than 8 hours or in the absence of the place of residence is shorter than 24 h and it is one daily rest)
To the minimum wage should be added suitable additives. Supplement is paid to the worker once. Federal Public Service for. Employments, Labor and Social Dialogue are of the opinion, that if an employee receives a delegation of foreign rates by Polish, it will be adopted by the addition of a residence permit, provided, however,, that its rate will be equivalent to the rate of the Belgian.
4) Allowance seniority per hour of work and availability
Po 1 year of seniority in the company: 0,0525 EUR
Po 3 years of seniority in the company: 0,1075 EUR
Po 5 years of seniority in the company: 0,1625 EUR
Po 8 years of seniority in the company: 0,2175 EUR
Po 10 years of seniority in the company: 0,2725 EUR
Po 15 years of seniority in the company: 0,3275 EUR
Po 20 years of seniority in the company: 0,3825 EUR
CHECKS AND PENALTIES
Checks in Belgium may carry:
* Work inspection
* SPF mobilité
* customs officials
Penalties for non-compliance:
1/ No declaration Limosa - (very serious offense) – 4.800 – 48.000 € (fine in criminal proceedings);
2/ Violation of the provisions on the minimum wage - a call to fill the gaps.
If the deficiencies are supplemented, the case is closed without imposing a fine.
Otherwise, the inspection finds, that the employer makes it difficult to carry out checks.
Obstructing inspection - (very serious offense) - threatened by a fine in the amount of 4.800 – 48.000 €(fine in criminal proceedings).