Additional due diligence obligation for contractors postponed until 1 January 2026

Earlier this year, we announced the introduction of an additional due diligence obligation for contractors regarding the illegal employment of third-country nationals. The initial implementation date was scheduled for January 1, 2025.

This new obligation requires contractors to request several additional documents from their subcontractors. This is in addition to the existing requirement for subcontractors to declare in the contract that they do not employ third-country nationals illegally in Belgium.

The documents in question include residence and work permits for employees and self-employed individuals. These documents must demonstrate that no illegal employment is taking place and are to be uploaded by the subcontractor into a designated database.

Since the government has not yet completed the development of the relevant database, the new legislation cannot yet come into force. The implementation has therefore been postponed until January 1, 2026.

Please note that as a contractor, even under the current regulations and despite the subcontractor’s written declaration in the contract, you can still be held liable if the social inspection – using all the allowed evidence within their authority – can prove that you were aware of the illegal employment by your subcontractor. Caution remains essential even at this stage.

We will keep you informed of any further developments.