Belgium introduces a new framework for cross-border workers
Belgium has revised its immigration framework for individuals who work in Belgium while continuing to live in a neighboring country. The new rules, applicable since 15 August 2026, are particularly important for employers engaging international and mobile workers.
The concept of cross-border work has been broadened and now expressly includes employees, self-employed individuals and posted workers. The underlying principle remains that Belgium is the place of work, not the worker’s country of residence. The worker must therefore maintain their principal residence abroad and, as a rule, return there regularly.
The administrative process will depend on the worker’s nationality and country of residence. EU/EEA and Swiss nationals benefit from a simplified regime without additional municipal registration formalities.
For third-country nationals legally residing in France, Germany, Luxembourg or the Netherlands, a new Annex 64 has been introduced. It can be issued for the duration of the employment, up to one year, and can subsequently be renewed.
A different procedure applies to workers residing in the United Kingdom, where they are not covered by the Brexit Withdrawal Agreement, they will generally need to obtain a specific long-stay visa through the Belgian diplomatic or consular authorities.
The reform concerns immigration formalities only. It does not remove the need to obtain the appropriate Belgian work authorization or professional card, where required.
For employers, this is therefore a good time to review existing cross-border arrangements and verify whether the correct immigration and work documents are in place.
Belgian Social Criminal Law Reform
As of 1 September 2026, several important amendments to the Belgian Social Criminal Code have entered into force, in line with the broader reform of Belgian criminal law. One of the most significant changes concerns the limitation period for administrative fines. For social law infringements subject to level 2, 3 or 4 sanctions, the authorities now have 10 years instead of 5 years to impose an administrative fine. The possibility of interrupting this limitation period through investigative or prosecution measures has also been abolished.
The reform also reshapes the available sanctions. Fine amounts have been adjusted to align with the new Criminal Code, while alternative penalties, including community service, probation and electronic monitoring, have been introduced into the social criminal law framework. For the most serious, level 4 infringements, certain alternative penalties or imprisonment may also be combined with a criminal fine.
For employers, the extended limitation period is particularly relevant. Potential exposure following a social inspection may now remain open for considerably longer, making proper record-keeping and long-term compliance increasingly important. Employers should therefore review their social law compliance procedures and ensure that relevant employment and payroll documentation is retained and readily available for a sufficiently long period.
Collective redundancies continue to weigh on the Belgian labor market
The Belgian Federal Public Service Employment, Labor and Social Dialogue recently published its figures on collective redundancies in Belgium for the first half of 2026. The report provides an overview of collective redundancy procedures announced and completed between January and June 2026, with a breakdown by region, province and sector. The figures show that collective redundancies continue to have a significant impact on the Belgian labor market. During this period, 63 technical business units initiated an information and consultation procedure, affecting more than 5,000 employees.
The impact is not evenly distributed across the country. Flanders was clearly the most affected region, followed by Wallonia and Brussels. Antwerp and Hainaut were particularly impacted. However, the figures are based on the location of the technical business unit and do not necessarily correspond to the employees’ actual place of work.
There are also significant differences between sectors. Transport and logistics were particularly affected, with major restructuring projects at companies such as Nike and UPS. Collective redundancies were also announced in the metalworking, chemical, retail and food industries.
Importantly, an announcement does not necessarily mean that all contemplated redundancies will ultimately take place. The information and consultation procedure can lead to a reduction in the number of dismissals. This was also reflected in the procedures completed during the first half of 2026.
The consultation process also takes time: completed procedures lasted an average of 72 days, with almost 90% completed within four months.
These figures confirm that restructuring remains an important issue for Belgian employers and employees in 2026.
Authors:
- Leila Mstoian, Partner at Andersen
- Youssra Andaloussi, Counsel at Andersen
