An employer who posts his workers to Belgium must comply with the salary and employment conditions laid down by Belgian law. This is, however, without prejudice to the application of any foreign remuneration and employment conditions that are more favourable for the worker concerned.
Employment, remuneration and working conditions are subject to penal law (art. 5(1) of the Act of March 5th 2002), administrative regulations and provisions laid down contractually (generally binding collective labour agreements). In the Belgian labour law, these provisions stem from the Act of August 4th 1996 and its implementing decisions. They concern the welfare of workers in the workplace, and apply to every employer who employs workers in Belgium. The Act transposes into Belgian law the framework of Council Directive 89/391/EEC of June 12th 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work.
The employer is responsible for introducing a health, safety and welfare policy into his undertaking. He must establish a general policy and give instructions to his managerial staff, line managers and workers for the implementation of this policy. Moreover, the employer must adapt his welfare policy in light of gained practical experience, working methods development and working conditions.
Employers must take steps to prevent of risks to health and safety by implementing a risk control system. This should incorporate safety at work, protection of health of workers, work-related stress, ergonomics, hygiene at work, and measures of the undertaking regarding the environment. Risks should be controlled through detection, analysis and adoption of specific measures of prevention. The risk control system is subject to ongoing review, and will develop progressively and adapt to changing circumstances.
Therefore, an employer should assess the risks within his undertaking and the ways in which he can take preventive measures. Such preventive measures may include making available free of charge personal protection equipment, such as harnesses and shoes to protect workers from dropped objects.
CMS Cameron McKenna and CMS DeBacker are separate firms operating within the CMS Association and are not responsible for each other’s acts or omissions.
