Social security agreement signed between Belgium and the Republic of India

In November 2008, the Belgian parliament approved a draft bill to implement the social security agreement between Belgium and India. The agreement, which was signed on 3 November 2006, is considered a landmark agreement as it was the first agreement of its kind ever negotiated by the Indian authorities.

The agreement is expected to enter into force in the first half of 2009. The agreement covers the major Belgian and Indian social security insurance systems. More precisely, the material scope of the Agreement covers:

  • The old age pension schemes;
  • The invalidity insurance schemes;
  • The applicable social security schemes for employees and self-employed persons.

The agreement is applicable to Belgian and Indian nationals, as well as to third country nationals who are or have been subject to the social security legislation of one of the contracting countries. Under the agreement, it will be possible for an employer to assign employees to another contracting state while they remain subject to the legislation of the first contracting state, provided that the expected duration of the assignment to the other state does not exceed 60 months (5 years). Exceptions beyond that duration can be granted after agreement of both contracting states. The agreement does not, however, foresee rules regarding the assignment of self-employed persons.