On 24 October 2025, the Flemish Government approved a Decision introducing a strengthened system of chain liability for the illegal employment of third-country nationals in the Flemish Region. The rules will enter into force on 1 January 2026, with a transitional tolerance period of six months.
1. Scope of Application
The new rules apply to all domestic and foreign companies directly or indirectly involved in activities in the Flemish Region, regardless of whether they engage Belgian or foreign contractors or subcontractors.
For the purposes of this decree, third-country nationals are defined as persons holding a nationality outside the European Economic Area (EEA) and Switzerland.
2. Targeted Risk Sectors
The decree focuses on sectors where illegal employment is considered particularly prevalent:
Construction
Cleaning
Meat industry (slaughter, cutting, meat processing)
Parcel delivery on behalf of postal services
3. Core Obligations
The decree imposes two central obligations on companies:
Duty of Care: Companies engaging contractors or subcontractors employing third-country nationals must request and verify specific documents to ensure that these workers hold valid residence permits and work authorisations.
Duty to Report: If falsified or invalid documents are identified, companies must notify the Social Inspection via the designated reporting channel.
4. Chain Liability
Failure to comply with the duty of care may result in joint liability for illegal employment. This means that principals, main contractors, and intermediary subcontractors can all be held accountable, thereby increasing responsibility across the entire contracting chain.
The objectives of this system are twofold:
to promote fair competition, and
to strengthen inspection services in combating illegal employment.
5. Direct vs. Indirect Contracting Relationships
Indirect Relationships: Where the relationship with the subcontractor is indirect (e.g. the relationship with the subcontractors of (sub)contractors, further down in the chain), liability can only be established if the company had prior knowledge of the illegal employment. The burden of proof lies with the inspection services.
Direct Relationships: For direct contractual relationships, additional obligations apply depending on the sector.
A. Direct Relationships in Risk Sectors
From 1 January 2026, companies operating in the identified risk sectors (p.m. construction, cleaning, meat industry, parcel delivery) must meet two conditions to avoid liability:
Obtain a written declaration from the contractor or subcontractor confirming that no illegally residing third-country nationals are or will be employed, either as employees or as self-employed persons.
Comply with the duty of care by requesting and verifying the required documents.
If documents are missing or clearly falsified, the company must address the issue with the contractor and, if no correction follows, report the matter to the Flemish Social Inspection. Only then is the duty of care considered fulfilled.
Although the duty of care is not formally mandatory (non-compliance in itself will not lead to a fine or persecution), failure to comply significantly increases the risk of criminal prosecution or administrative fines if there is illegal employment.
Examples of documents to be verified include:
For posted workers (often posted by foreign employers): passport/travel document, proof of valid residence (minimum three months for the EEA), registration in the Limosa database, A1 certificate (for EEA), valid work permit.
For Belgian employers employing third country nationals: passport/travel document, proof of valid residence, valid work permit, registration in the Dimona database.
These documents must remain available for inspection for five years after the collaboration.
B. Direct Relationships Outside Risk Sectors
In sectors outside the identified risk categories, only one obligation applies:
Obtain a written declaration from the contractor or subcontractor confirming that no illegally residing third-country nationals are or will be employed.
No duty of care applies in these cases.
6. Residual Liability
In both direct and indirect relationships, companies remain liable if the inspection services can demonstrate that they had prior knowledge of the illegal employment.
7. Conclusion
The introduction of chain liability marks a significant shift in the Flemish Government’s approach to tackling illegal employment. By imposing obligations on every link in the contracting chain, the decree seeks to ensure fair competition and provide stronger support to inspection services. Companies operating in the Flemish Region, particularly in the identified risk sectors, should prepare now to adapt their compliance processes ahead of the decree’s entry into force on 1 January 2026.
More information on the website of the Flemish administration.