Single permit: The rights and obligations of employers and employees
An employer who wishes to employ a foreign worker with a nationality from outside the EU in Belgium must, in principle, apply for a combined permit (single permit) prior to employment. On the other hand, if the foreign candidate already lives and works in Belgium, the employer must first ensure whether the candidate may be exempt from a single permit, in which case the candidate can be hired immediately. In case a single permit needs to be applied for, the application must go through two stages, namely with the region where the employee will be employed, followed by the Immigration Service of the Ministry of the Interior.
Once the combined permit is approved, and after obtaining a D visa in case the employee lives abroad, the employment of the foreign candidate can start. If the candidate lives and works in Belgium, he can already start to work for the new employer, as soon as the region has issued the work permit.
That said, the single permit applied for by the employer comes with several obligations for the employer that are sometimes overlooked.
The employer must:
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apply for a new work permit if the place of employment changes
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ensure that the salary is paid in accordance with the scales that apply to the sector and job level or in accordance with the minimum wage that applies to the category for which the single permit is requested.
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inform the competent authority in the event of termination of the employment contract and in the case of any significant changes to the working conditions that may affect the validity of the work permit.
After the employer has reported the termination of the employment contract, the single permit will be revoked by the region with a reasoned decision. The former employee will be informed of the revocation through the municipality where he/she resides.
In principle, the holder of the single permit can then remain living in Belgium for another three months, allowing him/her the opportunity to find a new employer. In case of dismissal by the employer, he/she may also be entitled to unemployment benefits under certain conditions. If the employer does not inform the regional government of the termination of the employment contract, the regional government will not be able to revoke the permit. As a result, the former employee retains his single permit until it expires. Therefore, the work permit does not automatically terminate simply because the employment contract has ended. The employer has to take action for this.
Also for the employee, there are rights and obligations associated with the single permit:
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The employee has the right to work with the single permit for the employer who applied for the single permit for him or her. After a few years, the employee can apply for a combined permit of indefinite duration.
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If this application is approved, the employee receives an electronic residence card ‘A’ stating 'labor market: unlimited'. The employee's right of residence remains limited and conditional, but a new combined permit no longer needs to be applied for if the employee wants to change employers. This is favorable for the employee and for the employer who wishes to hire a holder of a single permit for an indefinite period. For the employer who applied for the single permit for the employee, it can have negative consequences for employee retention.
The conditions for a combined permit for an indefinite duration vary by region. -
When moving within Belgium, the employee must inform the municipality of his/her new address and have the residence card updated. In case of permanent departure from Belgium, the employee must deregister from the municipality.
Pro-Pay is at your disposal for all your immigration questions related to the employment of foreign workers and can handle the single permit applications for your company. For more info, you can contact legal@pro-pay.be.
