Derogation from the obligation of applying the Belgian remuneration conditions and the Belgian legislation regarding minimum paid annual holidays

The employer who posts workers in Belgium does not have to apply the provisions of Belgian law regarding, on the one hand, the remuneration conditions and, on the other hand, minimum paid annual holidays where the works to be performed fulfill the following cumulative conditions :   

• they relate to the initial assembly and/or first installation of goods where this is an integral part of a contract for the supply of goods and,
   
• are necessary for taking the goods supplied into use, and,
   
• are carried out by the skilled and/or specialist workers of the supplying undertaking, and,
   
• the period of posting does not exceed eight days and,
   
• they do NOT relate to activities in the field of building work. 
   

The activities in the field of building work are all activities relating the property immovable by nature or by incorporation and concerning the construction, repair, upkeep, alteration or demolition of buildings, and inter alia, the following works:  

• excavation
• earthmoving
• actual building work
• assembly and dismantling of prefabricated elements
• fitting out or installation
• alterations
• renovation
• repairs
• dismantling
• demolition
• maintenance
• upkeep, painting and cleaning work
• improvements.