Due diligence obligation in activities with non-EEA nationals in Flanders – tolerance period ends on 1 July 2026

At the end of last year, we informed you via our article about the new due diligence obligation in the employment of non-EEA nationals in Flanders.

We would like to remind you that the planned tolerance period will expire on 1 July 2026. From that moment onwards, the social inspection services will effectively impose sanctions in the event of established illegal employment and non-compliance with the due diligence obligation.

If you need to request documents, failure to comply with the due diligence obligation will result in criminal fines of up to EUR 60,000 or EUR 720,000 (for legal persons). The amounts are to be multiplied by the number of foreign nationals involved in the infringement, with a maximum of 100.

If you have to provide documents, failure to submit the required documents (in time) may in first instance result in denial of access to the worksite. If, in addition, illegal employment is established, criminal fines equal to the amounts mentioned above may also be imposed.

In practice, this means that companies active in the relevant risk sectors must now be able to demonstrate compliance, depending on their role within the chain:

If you need to request documents (principal /contractor/intermediary contractor):

• You request the required documents from your direct (sub)contractor before the start of the works;
• You request your (sub)contractor to renew documents in a timely manner if they expire during the execution of the works;
• You assess whether the documents received appear authentic (obvious forgeries are considered to be missing documents);
• You ensure that the documents can be made available to the social inspectorate for five years after the cooperation;
• You report to the social inspectorate if documents are missing, clearly invalid or not provided.

If you need to provide documents ((sub)contractor):

• You must check in advance whether the third-country nationals you deploy on the project have the required permits for work and residence;
• You start on time with the necessary formalities (such as registration with the municipality), taking into account possible waiting times in practice;
• You will ensure that all required documents are valid and up-to-date during the execution of the works;
• You must provide the requested documents to your client or contractor in full and on time upon first request.

In view of the potential criminal sanctions, we recommend to – if you have not already done so – re-evaluate your current working method and contractual agreements with (sub)contractors in a timely manner.

If you have any questions about this or if you would like support with the practical implementation, we will be happy to help you.