Employing foreign workers in Flanders requires a number of steps and documents. There are a number of different approaches to work permits. In this article, we will mainly talk about long-term jobs in the industrial sector, with a Belgian employment contract, for people from non-EU countries to Flanders. There are different procedures for the other regions of Wallonia and Brussels.

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It goes without saying to look for suitable candidates first in Belgium and then within Europe. Only if that fails can you look to countries outside the European Union. This is because the rules for hiring people from those third countries are stricter.

For short assignments, such as installing machinery or seasonal work, there are often more lenient rules.

Always check the website of the Flemish Government for the most up-to-date information on working in Flanders.

 

Categories of Foreign Workers

Belgium has several categories for foreign workers, including:

  1. EU/EEA Citizens: Citizens of the European Union and the European Economic Area have the right to work in Belgium without a work permit. This also applies to posted workers from these countries. However, they must be in possession of a valid identity document and you will have to register locally.
  2. Third Countries: Workers from outside the EU
    • Highly-skilled or managerial workers: For highly-skilled professionals who have specific expertise, there is the so-called Blue Card which, in addition to a number of other conditions, covers a minimum of a bachelor’s or master’s degree and a minimum income of 48 912 EUR. For executives, there is a higher minimum income (but no education requirement).
    • Bottleneck occupations:
      • Middle-skilled occupations that are in the bottleneck occupations list. These are occupations for which there is such a tightness in the labor market that you can recruit here directly outside Europe.
      • Other bottleneck occupations. For these positions, you must first prove that you have been unable to find anyone locally. This can be done by posting the job to the VDAB and enlisting their help for a period of at least 9 weeks. If not successful, this usually counts as proof of being allowed to recruit outside the EU and you can start.

For completeness, some long-term exemptions for someone coming from a third country:

  • Researcher on host contract at a recognized research institution in the Flemish Region.
  • Someone employed in a company established in a member state of the European Economic Area or the Swiss Confederation and moving temporarily to Belgium to provide services
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What are the different types of work permits in Belgium

The work permit A is intended for non-EU workers who have been legally employed in Belgium for many years. To qualify, the worker must have worked for at least four years with a B work permit within a 10-year period. Once obtained, this card is valid indefinitely and can be renewed each time and the employee can work for different employers.

The B work permit is the most common type for non-EU employees who come to Belgium on the basis of an employment contract. This card is always requested by the employer, and is valid for a specific position and workplace. The validity period is maximum one year, but the card can be renewed annually. As long as the employee remains employed by the same employer and meets the same conditions, he or she can continue to work with this card.

The labor card C is aimed at certain groups of foreigners temporarily residing in Belgium, such as asylum seekers, students or people with medical regularization. This card is temporary and its validity is linked to the holder’s right of residence.

 

How to employ a foreign worker?

In any case, there are a number of steps to take

  1. First of all, based on the vacancy, it should be checked whether this is a bottleneck profession (because only then is recruitment outside Europe possible, subject to the exemptions). And, if so, whether it is a middle-skilled profession or it is in the category other since in the latter case an investigation is still carried out at the VDAB
  2. Depending on the country of residence of the foreign employer, some formalities may have to be carried out in the country of origin.
  3. For some professions, such as health care, the diploma will have to be accredited by the competent local authorities in Belgium
  4. A suitable candidate is recruited locally through the appropriate channels. Sometimes this can be done by the employer himself, sometimes it will have to be done through locally accredited recruitment channels.
  5. Employer: The employer in Flanders must apply for the combined permit from the Flemish Government
  6. Submission of application: The application can be submitted online by the employer, and the employee must provide details of the type of work, contract and duration of residence in Belgium, in addition to a number of other documents (medical certificate, local social security certificates, etc…)
  7. Decision and approval: If the application is approved, the employee will receive a combined permit, which gives them both the right to work in Belgium and to stay there temporarily.
  8. Visa and Departure. Next, a visa will need to be applied for and final formalities will be taken care of with local authorities.
  9. Upon arrival, housing needs to be arranged. Sometimes the employer will have to pay for this and very often assistance will have to be provided, since renting to non-Belgians with no employment history will not be obvious.
  10. Administrative formalities need to be taken care of such as registering with the local authority, applying for an electronic foreigner’s card, joining the health insurance system, opening a bank account, etc.
  11. Integration. To make a sustainable employment possible it is highly recommended to brief the non-Belgian employee on the local culture, make him or her familiar with daily life, offer support, and integrate him or her into local networks.
  12. Language. Speaking the language is a very important facet of integration and there are several options for this. It is highly advisable as an employer to facilitate this.

 

The combined permit for workers from Third Countries.

In Flanders, a combined permit is a system introduced to simplify the administrative procedures for foreign workers who want to work temporarily in Flanders. It is a combined procedure for the work permit and the residence permit (for non-European workers).

The combined permit consists of the following elements:

  1. Work permit: This gives the foreign worker permission to work in Belgium. The work permit can be temporary (e.g. for seasonal work) or long-term, depending on the type of work and the duration of the contract.
  2. Residence permit: This is the permission to stay in Belgium, which is usually linked to the work. The employee must indicate why and for how long he or she wants to stay in Belgium.

Important points to note:

  • The permit is often specifically linked to the employer and the type of work. This means that if the employee changes employers, the permit may need to be adjusted.
  • Also remember that local authorities abroad often also require steps to be taken before coming to work in Belgium. There may also be certain rules of the country of origin still apply, often this is to protect the worker abroad (in this case, Belgium).
  • These people will be employed under Belgian conditions and must therefore also receive a Belgian salary. Depending on the type of work, this will usually fall under the joint committee under which the employee is employed.

 

Benefits of attracting foreign talent:

  1. Access to a wider talent pool: By attracting foreign talent, you gain access to a larger and diverse pool of professionals with different skills and experiences that may not be available locally. This can help improve operations, implement best practices, and enter new markets.
  2. Innovation and diversity: Bringing different cultural perspectives can lead to innovative ideas and solutions. Diversity can enhance creativity and problem-solving capabilities within an organization.
  3. Strengthening international appeal: An international work environment can strengthen a company’s image, especially if it operates in global markets.

Challenges in attracting foreign talent (and how to deal with them):

  1. Language and cultural barriers: There are several options to overcome this such as investing in language training and intercultural communication workshops to reduce barriers.In addition, it is hugely important to create an open and inclusive culture where employees feel supported in expressing ideas and resolving misunderstandings can help.
  2. Loss of local jobs: In a region like Flanders, with a structural tightness in the labor market, the arrival of foreign talent can contribute to the growth of the company, which ultimately also creates more jobs for the local community. In addition, it is always advisable to cooperate with local training and initiatives that improve the skills of the local labor market…
  3. Higher costs: While there are initial costs associated with attracting foreign talent, the long-term benefits can more than justify the investment by allowing the company to grow faster, enter new markets, or develop innovations.
  4. Legal and administrative complications: Navigating immigration laws can be intimidating, which is why it can be beneficial to work with immigration experts or specialized consultants who help companies smoothly navigate the legal processes. This not only reduces the administrative burden, but also helps ensure compliance with laws and regulations.
  5. Uncertainty around policy: The structural tightness of the labor market in Flanders (and by extension Europe) will not decrease in the coming years. The policy as such may change (both in general and for specific types of jobs) but it is and remains a necessity in addition to the other government initiatives.

 

What This Means for Filipino Workers

Filipino workers are a growing group in the Belgian labor market, especially in sectors such as engineering and healthcare. Opportunities for Filipino workers are broad, but they must meet work and residence permit requirements. This can sometimes be a complex and time-consuming procedure. Despite these challenges, Belgium offers opportunities for Filipino workers to build a new life and contribute to the economy. The right support and guidance are crucial to ensure a smooth transition and successful integration