2012/8: Posted workers may benefit from the application of Belgian law (BE)

The Belgian courts have jurisdiction over foreign employers who post their workers in Belgian territory. Belgian law on temporary work, temping and the lending of employees constitutes mandatory law within the meaning of Article 7(2) of the Rome Convention (now Article 9 of “Rome I”) and thus applies to posted workers on Belgian territory, notwithstanding any choice of law to the contrary. If the legislation is not complied with, the employee will be deemed to be employed by the receiving company under an open-ended employment contract subject to Belgian labour law.