Belgium has opened its doors to workers from the new EU member states who can fill chronic job vacancies. But who is welcome and how should employers proceed?

Principally, permission for employers to take on foreign workers is only issued if it is absolutely impossible to find a suitable local employee on the labour market within a reasonable timeframe.

However, as of 1 May 2006, this rule will no longer apply to employees of the countries that joined the European Union on 1 May 2004 and who are employed in 'bottleneck' occupations.

Moreover, a condition laid down in legislation dating back to 30 April 1999 stating that "the work permit will not be issued if the employee entered Belgium prior to the issuing of permission to the employer to employ a foreign national" will no longer be applicable to workers in bottleneck professions.

More precisely, when we apply for a work permission and work permit in bottleneck occupations:

• additional labour market research will no longer be necessary;
• the medical certificate will no longer need to attached with the application for the work permit;
• an employment contract as stated in the Royal Decree of 9 June 1999 will no longer need to be drafted.

Scope of application / how to apply

To apply for the right to employ foreign nationals in bottleneck occupations, a separate procedure has been drawn up.

The request to employ a foreign citizen and to obtain a work permit for him or her must still be made by the employer.

 However, the request for employment can be submitted directly with the competent government ministry and will no longer be lodged with the regional employment office.

How long does the procedure take?

The permission to employ a foreign national will be granted by the authorities within five days after the application is lodged.

Awaiting the issuing of the work permit, the foreign national will be able to work temporarily in Belgium with the work permission granted to the employer.

Main categories of bottleneck occupations

• Flanders region: engineers, accountants, project leader — IT, sales manager, electronics data processing manager, product manager, technicians.
• Brussels region: engineers, accountant, IT, web designer/webmaster/web developer, translator.
• Wallonia region: engineers, accountants, sales manager, IT, technicians, sales representatives.

15 June 2006

Lawyers Lynn Bogaert (lybogaert@laga.be) and Matthias Lommers (lommersm@laga.be) work for Belgian law firm Laga, located at www.laga.be or contactable by phone: 02 800 7000.

Disclaimer: Although we verify the reliability of the information given, such information is general and neither Laga nor Expatica may be held responsible in any way for any possible error that might occur or for any use or interpretation that could be made of this information without the assistance of Laga.

[Copyright Laga and Expatica 2006]

Subject: Expat news