An employer who posts his workers to Belgium must, for work carried out in Belgium, comply with the working, wage/salary and employment conditions laid down by Belgian law, administrative regulations or agreements which are subject to the provisions of penal law (art. 5(1) of the Act of 5 March 2002).

However, this rule is without prejudice to the application of any foreign working, remuneration and employment conditions that are more favourable for the worker concerned.

The concept of working, remuneration and employment conditions subject to penal law comprises a very wide range of regulatory provisions (acts and royal decrees) and provisions laid down in agreements (generally binding collective labour agreements). As these provisions are subject to penal law, they come under public law. They are essential provisions safeguarding the rights of workers.

For more info please consult the website: http://www.employment.belgium.be/defaultTab.aspx?id=6224