The labour inspectorate has increased both announced and unannounced inspections of Belgian companies that employ foreign nationals in information technology positions. The focus has been on companies that may have hired Indian nationals to replace local workers.
Employers, contractors and subcontractors should expect checks for the following information, among other documentation, during an inspection:
- That foreign workers have proper immigration documentation;
- That foreign workers are performing highly-skilled work as per their contract or assignment letter;
- That foreign workers were not hired to replace Belgian employees; and
- That foreign workers’ salaries meet the minimum salary threshold and have been paid according to the law.
Employers should also expect increased scrutiny of work permit applications in the information technology sector and for Indian nationals in general.
What This Means for Employers and Foreign Nationals
Employers and foreign workers should have all relevant immigration documentation on hand at their workplace to present to inspectors and should notify their immigration professional of an audit.