BREXIT: A1's with UK - status update
25/08/2020

With everything COVID-19 related going on it has been easy to take the eye off the ball on Brexit. The end of the transition period is fast approaching and whilst we all hope a "deal" will be reached we cannot be sure. So what happens in the meantime with requests for A1-documents for assignments or simultaneous employment that go beyond the end of the transition period?

A reminder on the general principles:

Social security rules applying to cross-border workers between the UK and European Union (EU) remain unchanged through the transition period - since the UK officially left the EU on January 31, 2020 until December 31, 2020. 

For ongoing situations (‘unchanged’ and ‘without interruption’) beyond the transition period, the Regulation 883/2004 (and the A1 certificates issued based hereon) should still be utilised between the UK and the EU Member States. For the cross-border work situations starting from 1 January 2021, we will have to await the outcome of current negotiations.

What is the current position on the issuance of A1 certificates for such ‘ongoing situations’? 

Based on our contacts with the Belgian social security authorities, the following should be considered:

For ongoing UK inbound assignments, i.e. which started before 1 January 2021 and continue after 1 January 2021, the Belgian authorities are of the opinion that, based on the withdrawal agreement, it is in principle still possible for UK inbound assignees to remain subject to the home UK social security scheme, insofar all conditions of EU Regulation 883/2004 are fulfilled and the situation (residence, work, employer, etc.) remains unchanged.

However, for administrative purposes, they are currently not agreeing to cover UK inbound assignees whose assignment starts before 1 January 2021 and continues after this date under article 16 of Regulation n°883/2004. The Belgian social security authorities currently only agree for periods up to 31 December 2020 (i.e. the end of the transition period).  Upon a governmental decision, this restriction will be lifted, but they are awaiting outcome of negotiations and further clarifications on what should be considered as ongoing situations. This administrative restriction also applies to any requests for outbound A1-applications.

Further, the Belgian authorities informed us that for new UK inbound assignees as from 1 January 2021 either:

  • A bilateral agreement between Belgium and the UK or a multilateral agreement between the EU and the UK will have to be reached (including similar provisions as foreseen in EU Regulation n°883/2004), based on which UK inbound assignees can remain subject to their home UK social security scheme; or
  • In absence of such agreement, UK inbound assignees will in principle be considered to be third country nationals and domestic legislation will apply (not necessarily triggering Belgian social security though).

Zie ook : PwC Legal ( Mr. Bart Elias ,  Mrs. Pascale Moreau ,  Mrs. Nadja De Bie )

[+ http://www.pwclegal.be]

Mr. Bart Elias Mr. Bart Elias
Partner
[email protected]
Mrs. Pascale Moreau Mrs. Pascale Moreau
Partner
[email protected]
Mrs. Nadja De Bie Mrs. Nadja De Bie
Senior Manager
[email protected]

Click here to see the ad(s)
Alle artikels Arbeidsrecht

Laatste artikels Arbeidsrecht

Belgium’s largest Joint Committee reaches a new agreement on employment and working conditions ...
29/11/2021

Against the background of industrial unrest in other sectors, the social partners of Joint Committee 200 –the Commit...

Read more

New salary increases in Joint Committee n° 200
29/11/2021

On 18 November 2021, the social partners within the general Joint Committee for white-collar employees (JC 200) signed a s...

Read more

Verplicht telethuiswerk: to do’s voor werkgevers
23/11/2021

Zoals reeds aangekondigd in onze eerdere e-flash is telethuiswerk opnieuw verplicht voor alle personeelsleden (o...

Read more

Mandatory teleworking as of this Monday, with a possibility of a limited return to work
22/11/2021

The Government has just announced that teleworking will once again be compulsory for&nb...

Mandatory teleworking as of this Monday, with a possibility of a limited return to work Read more

Laatste artikels van Mr. Bart Elias

European Court of Justice takes position justifying prohibitions on showing visible signs
10/09/2021

On 15 July 2021 the European Court of Justice ruled that employers may legally prohibit employees from wearing any visible...

Read more

Double holiday pay for white-collar workers - a recap
05/05/2021

When an employee takes paid annual holidays – which he has built up during the previous calendar year – the em...

Read more

Brexit - Temporary support measures for undertakings in economic difficulties
09/04/2021

In light of the United Kingdom’s departure from the European Union on 1 January 2021 (‘Brexit’), underta...

Read more

Stand-by time outside of the workplace to be considered as working time? ECJ gives guidelines in ...
05/04/2021

In the Matzak case, the ECJ ruled that the stand-by periods that could be spent at home but with a duty for the employee t...

Read more

Laatste artikels van Mrs. Pascale Moreau

European Court of Justice takes position justifying prohibitions on showing visible signs
10/09/2021

On 15 July 2021 the European Court of Justice ruled that employers may legally prohibit employees from wearing any visible...

Read more

Double holiday pay for white-collar workers - a recap
05/05/2021

When an employee takes paid annual holidays – which he has built up during the previous calendar year – the em...

Read more

Brexit - Temporary support measures for undertakings in economic difficulties
09/04/2021

In light of the United Kingdom’s departure from the European Union on 1 January 2021 (‘Brexit’), underta...

Read more

Stand-by time outside of the workplace to be considered as working time? ECJ gives guidelines in ...
05/04/2021

In the Matzak case, the ECJ ruled that the stand-by periods that could be spent at home but with a duty for the employee t...

Read more

Laatste artikels van Mrs. Nadja De Bie

LexGO Network