Temporary provisions concerning Romanian workers in Belgium prolonged

On 16 December 2011, the Council of Ministers prolonged the temporary provisions concerning restrictions of free access to the labour market for Bulgarian and Romanian workers till 31 December 2013
The new Minister for Labour, Ms Monica De Coninck took the initiative for the new prolongation, which limits the access for Bulgarian and Romanian citizens to the Belgian labour market to entrepreneurs and holders of work cards B for specific bottleneck jobs. The limitations will end on 31 December 2013. However, it is not possible to renew the measure beyond that date.

Like the Integration Centre ‘Foyer’ in reference to a recent UNIZO-study reports, increased the number of not-Belgian entrepreneurs in Belgium during the last 10 years by about 70%. The number of entrepreneurs of Polish, Bulgarian and Romanian citizenship rose in the same time even by 240%. The number of Bulgarian entrepreneurs increased from 827 in 2006 to 4.279 in 2010, whereas the number of Romanian entrepreneurs rose in the same period from 2.363 to 9.321. However, these data does not stand automatically for an economic empowerment of this particular group of EU-citizens in Belgium: 42% of the Bulgarian and Romanian entrepreneurs has no income whatsoever originated from their official activities while registered as entrepreneurs for 3 years. Therefore, it can be assumed that a high percentage of this group uses the status of entrepreneurs as cover for irregular work and/or for an application for a residence permit.

The only legal option is A1 procedure and limosa enregistration.

Romanian workers in Belgium

Belgium has refused to open its labour market to workers from Romania and Bulgaria on the grounds that many nationals of those countries already working there cheat the social benefits system, The market stays closed until 2015.

Despite earlier indications to the contrary, one of the first decisions of the newly appointed Prime Minister Elio Di Rupo has been to extend until the end of 2013 the restrictions on Bulgarian and Romanian workers in Belgium.

The announcement, made by Belgian Employment Minister Monica De Coninck, is seen as a setback for Bulgaria and Romania, which had campaigned for lifting all remaining restrictions applying to their nationals in EU countries (see background).

Romanian workers can only come legally to Belgium with the A1 form (detachment ) when a Belgian company signs a contract for subcontracting with a Romanian company. The Romanian company has to apply to Limosa and announce the workers in this system.
So it is time that a lot of Belgian companies start to take measures for regularization in order to avoid problems with the labour inspection in Belgium.
It is better to work under legal provisions.
Employees who are temporarily staying in Belgium for a service, are not tourists. They must register in the municipality where they temporarily reside.
There is a different procedure depending on the expected length of service or not exceeding 3 months.
Documents required for a period longer than three months:

• Contract of service
• identity card or passport
• employment
• any work permit from the country where the employee normally works
• A1
• Belgian residence address
• Copy of birth certificate
• Copy of marriage certificate