Employment, Social Security and Immigration Law Agreement on social security between the Kingdom of Belgium and the Republic of India

In February 2008, the Belgian parliament has approved a draft bill to implement the social security agreement between Belgium and India. The agreement, which was signed on 3 November 2006, is considered a landmark agreement as it was the first agreement of its kind ever negotiated by the Indian authorities. It is expected to enter into force in the first half of 2009. The agreement covers the major Belgian and Indian social security insurance systems. More precisely, the material scope of the Agreement covers:

• The old age pension schemes;
• The invalidity insurance schemes;
• The applicable social security schemes for employees and self-employed persons.

The agreement will apply to Belgian and Indian nationals, as well as to the national of third countries who are or have been subject to the social security legislation of one of the contracting countries. Under the agreement, it will be possible for employer to assign employees to the other contracting state while remaining subject to the legislation of the first contracting state, provided that the expected duration of the assignment to the other contracting state does not exceed 60 months (5 years).

Exceptions beyond that duration can be granted after agreement of both contracting states. The agreement does however not foresee rules on assignment of self-employed persons. We will keep you informed of further developments.

Employment, Social Security and Immigration Law -
Indexation of salary levels for work permits

In application of article 131 of the law of July 3, 1978 on employment contracts and article 9 of the Royal Decree of June 9, 1999 enforcing the law of 30 April 1999 on the employment of
foreign employees, salary levels taken into account for issuing work permits for highly qualified foreign employees or executives who have a management position in Belgium, are linked to the
indexation of salaries. These levels are reviewed each year.

From January 1, 2009, authorisations to employ foreigners and work permits for foreign nationals are issued for:
• highly qualified foreign employees from outside the EEA, whose employment in Belgium is, in principle, limited to four years (but can be extended for another 4 years), even if suitable labour can be found in Belgium to fill a vacancy, as long as their gross salary exceeds EUR 35,638 per year;
• foreign executives from outside the EEA who hold a management position in Belgium, as long as their gross salary exceeds EUR 59,460 per year.

Employment, Social Security and Immigration Law
Abolishment of the medical certificate for residence purposes

We are pleased to inform you that the Belgian Minister of Migration has decided that a medical certificate should no longer be joined to a visa application (type D) for employees who already
had to provide such a certificate for the purpose of their work permit application. The same exemption applies to employees who are in possession of a work permit and who come over to
Belgium without applying for a visa with the Belgian consular authorities abroad; these employees no longer need to submit a medical certificate when registering with the Belgian
communal authorities.

Note that this rule does not apply to foreign employees exempt from the obligation to join a medical certificate to the work permit application (e.g. specialized technicians who come over to Belgium in order to assemble/install foreign build machines/installations for a period not exceeding 6 months, etc.) or foreign employees who are exempt from being in possession of a work permit.

This new rule has been communicated to all Belgian communes and consular services abroad and applies as of December 1, 2008.

Olivier Malisse, Attorney omalisse@laga.be
Lynn Bogaert, Attorney lybogaert@laga.be
Matthias Lommers  mlommers@laga.be

www.laga.be

(Expatica 2008)