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Belgian Government moves to limit self-employed status

Posted November 1st, 2012 in Belgian Law, News by Louise

Several years after introducing framework legislation on what qualifies as employee status and what qualifies as self-employed status the Belgian government has defined nine specific criteria to determine an individual’s working status.

From 1st January the criteria will apply to manual workers only (cleaners, construction workers, security guards and transport workers) although the government may well extend the sectors covered by the legislation subsequently.

From now on, if five of the following nine criteria are met, the person will be deemed an employee unless s/he can prove the opposite.

The criteria:

  1. No financial risk
  2. No decision making power in relation to finance
  3. No decision making power in relation to purchasing policy
  4. No decision-making power in relation to price policy
  5. No obligation to deliver results
  6. Guaranteed fixed compensation
  7. No employees of one’s own nor ability to susbstitute onself for a colleague
  8. Working ususally/mainly for the same client/not acting as own company towards third parties
  9. Not working in own facilities with own material

 

Source: Presentation given at the British Chamber of Commerce in Belgium by Sophie Maes, Partner at Claeys & Engels 

 

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