The WagwEU stands for the Law on Working Conditions of Posted Workers in the European Union. This law, in force since 18 June 2016, entitles seconded workers (or posted workers) to the main terms and conditions of employment in Belgium. As a self-employed worker, you must comply with certain rules that apply in Belgium with the client, such as the rules on working conditions.

When does the WagwEU apply?
If a service recipient (client) from Belgium hires a foreign ZZP'er then this also falls under pure service provision within the WagwEU.

Obligation

If you are self-employed from one of the EEA countries, you are required to have the following available:

A passport from one of the EEA countries or Switzerland? Then you are free to come and work in the Netherlands as a ZZP'er.

A signed model agreement setting out the arrangements of the temporary assignment for the client. 

A third-party liability insurance during the performance of the work.

A VCA full certificate

Administrative obligation

Notification obligation WagwEU

If you are a self-employed worker from the EEA or Switzerland coming to work temporarily for a service recipient (client) in Belgium, you must report to the online reporting desk to obtain a LIMOSA declaration. You must do this 2 days before work starts. The principal checks whether you have reported properly. 

For the self-employed, the reporting obligation only applies to certain sectors.

Are you self-employed outside one of the EEA countries
Are you a self-employed person from a country outside the EEA or Switzerland? Then you must have a residence permit for self-employment from the EU Member State. Without this residence permit, you may not work as a ZZP'er for a service recipient (client) in Belgium.

Modalities upon arrival in Belgium
An EU citizen is obliged to report to the municipality of residence within 10 working days of arrival on Belgian territory. For third-country nationals, this reporting obligation applies within 3 days. If workers are staying in a hotel, pension, camping or youth hostel, the hotel will have to take care of the registration, as long as the stay is limited to 90 days. After notification, they will receive a card (3ter) from the municipality in both cases.  

This arrival notification is particularly important for third-country nationals. If they do not comply with these formalities, they are presumed to be staying in Belgium illegally. It is therefore very important for the Belgian principal to verify that the declaration of arrival has been made in order.

Change of status from short stay to long stay
If the Belgian project has a (probable) duration of more than 90 days, the third-country national must apply for a change of status for long-term residence after reporting his arrival to the municipality. He does so by applying for a so-called A-Card. 

The electronic A-Card gives the third-country national a temporary right to work and reside in Belgium. 
The A-Card must be renewed between the 40th and 30th day before its expiry date.

Enforcement by Labour Inspectorate FPS Employment, Labour and Social Dialogue.

Obligations of self-employed persons and service recipients (principals)
The Labour Inspectorate checks whether the ZZP (independent contractor) and service recipients (principals) comply with the WagwEU. Does an inspection reveal non-compliance with the reporting obligation and/or the monitoring obligation? Then the duty to report (ZZP'er) but also the duty to inspect (service recipient) can be fined.

If you would like further information on the WagwEU for ZPPs, please contact us.

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