Posting third country nationals – what rules should you take into account?
Virtually all employers are experiencing the shortage on the European labour market and are looking for solutions to attract talent from outside European borders as well as flexibly deploy them on Belgian projects.
However, employees who are not citizens of the European Economic Area (« EEA ») or Switzerland (hereafter « third-country nationals ») cannot be employed in Belgium just like that. In principle, they need a permit to work and reside in our country.
In some cases, however, the (often) complex procedure to obtain such a permit does not have to be followed. This is the case, for example, for third-country nationals employed by a company based in the European Union who are temporarily posted to Belgium for a specific project as part of their employment. This exception is sometimes popularly referred to as the « Vander Elst exemption ».
