The Flemish Government has amended its chain-liability rules—originally introduced on 1 January 2026—to ease administrative burdens on firms that outsource work in so-called ‘risk sectors.’ Effective 16 October, principal contractors are no longer required to obtain a copy of the passport or travel document of each foreign worker supplied by a direct subcontractor. Smaller real-estate maintenance jobs that fall below the ‘declaration of works’ threshold are now removed from the list of high-risk activities. An additional exemption has been created for parcel-delivery companies using vehicles equipped with tachographs, acknowledging that those operators are already subject to extensive EU mobility controls. The changes are laid down in a Decree of 4 September 2026, published in the Belgian Official Gazette on 6 October. For HR and procurement teams, the adjustment reduces the paperwork associated with verifying immigration status down the contracting chain, but it does not eliminate liability altogether. Prime contractors must still check the LIMOSA notifications and work-permit validity of any third-country nationals engaged on Belgian soil, and fines for non-compliance remain steep. In practice, the decree aligns Flemish policy more closely with the federal approach, which focuses on digital declarations rather than physical document retention. Companies operating across Belgium should update compliance checklists to reflect the regional distinctions, especially when projects span Flanders, Wallonia and Brussels. Legal advisers expect further tweaks in 2027 as the EU finalises its package on platform workers and short-term postings, which could re-define risk sectors once again.
Source: CLB Group
