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As of May 29, 2009 Headquarter Companies are no longer required to obtain work permits for any level of non-European Economic Area (EEA) citizen employed in a managerial position.As of May 29, 2009 Headquarter Companies are no longer required to obtain work permits for any level of non-European Economic Area (EEA) citizen employed in a managerial position.
Since September 12, 2007, no work permit has been required for non-EEA citizens appointed by Headquarter Companies for Managers below the two highest levels of Management. The Royal Decree of May 28, 2009 extends this exemption to the top two layers of Management.
What conditions have to be met in order to qualify for this work permit exemption?
· The employee concerned must be employed by a Belgium-based Headquarter of a Belgian or a foreign multinational company.
· The employee concerned must have the function of a manager.
· The employee must be linked with an employment contract at a Belgian company and earn no less than €59,460 (2009) gross on a yearly basis.
· The employer must be a head office as defined by law (Royal Decree of June 9, 1999).
The head office must inform the Region in whose territory they are situated of the manager’s employment contract with the company.
If these conditions are met, the non-EEA manager is exempt from the requirement to be in possession of a work permit and his/her employer is exempt from the requirement to be in possession of a work authorization.
Matthias Lommers
Advocaat/Avocat
Direct: + 32 2 800 70 69
Main: + 32 2 800 70 00
Fax: + 32 2 800 70 03
www.laga.be
Laga
Berkenlaan 6
B-1831 Diegem
Belgium
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