Belgium: Flanders to Implement Stricter Chain Liability, Reduced Labor Migration Pathways for Lower Skilled Roles, and New Government Fee

Chain liability, 

• Effective January 1, 2026, businesses in Flanders will need to adhere to new declaratory and documentary rules to confirm that any direct contractors are not illegally employing foreign nationals. This rule will apply to all companies – domestic or foreign – that are directly or indirectly involved in activities carried out in Flanders. 
• Direct contractual relationships only. These new rules only apply where the business has a direct contractual relationship with the contractor. It does not extend to indirect relationships, such as sub-contractors engaged by the first contractor.   

• Risk sectors. The obligations on the business will be greater where the contractors are engaged in the following risk sectors: construction, cleaning, meat processing and parcel delivery (on behalf of postal services) 
•  Actual knowledge rule to remain. As was the case previously, businesses will remain liable where they were actively aware of contractors or sub-contractors (in either a direct or indirect capacity) illegally employing foreign nationals. This liability will continue to exist even if the business adheres to the new documentary and declaratory rules. 

The new obligations are as follows: 

• Risk sectors. If the contractor is engaged in a risk sector, the business must obtain a written declaration from the relevant contractor that they do not and will not illegally employ foreign nationals as employees or self-employed persons; and must obtain specific documents from the contractor regarding the immigration status of the relevant employees.  

• Non-risk sectors. If the contractor is not engaged in a risk sector, businesses will only need to obtain the written declaration. There will be no obligation to obtain the further documents listed above.  

Labor market testing restrictions. 

• In order to satisfy labor market testing requirements, in addition to publication of a job vacancy with the public employment service VDAB, employers will also need to explicitly demonstrate their efforts to recruit from the domestic population. 
• As part of this, the Regional Employment Ministry will presume a Belgian national could have been hired if the vacancy sets unrealistic requirements, the business is uncooperative with VDAB during the vacancy period, or economic indicators suggest a high number of job seekers for the role.
• Currently, businesses will satisfy labor market testing requirements solely by publication of a job vacancy with the public employment service VDAB for the requisite period of time.  

The labor market testing procedure will become more challenging for employers. Internal processes which currently would satisfy Flemish labor market testing requirements will no longer suffice from January 2026.  

Reduced labor migration pathways for filling lower skilled roles. 

• Lower skilled pathway removed. Jobs that only require primary education (level 1 under the Flemish Qualification Structure (VKS - Vlaamse Kwalificatiestructuur)) or basic education (level 2 under the VKS) will no longer qualify for labor migration in the Flemish region. 

• Highly skilled pathway more restrictive. A work authorization for a highly skilled worker will only be granted if the role in question would require at least a higher education degree (per the International Standard Classification of Occupation). Currently, foreign nationals can be eligible for the Highly Skilled pathway even if the role cannot be classified as highly skilled. 

This reform – which both bars engaging low skilled foreign nationals and prevents engaging highly skilled foreign nationals for lower skilled roles – will significantly reduce the ability of employers to resolve talent shortages for lower skilled roles.