What does chain liability mean for you as an employer?
Chain liability means that you, as a client or entrepreneur, can be held responsible for illegal employment by a (sub)contractor. Even if you are not directly involved, you may face criminal or administrative penalties. This applies to all sectors where contracting work is involved, not just in the construction sector.
Read more: "sanctions for illegal employment/Foreign workers"
Who does this apply to?
These new rules apply to you if you are a professional client or entrepreneur. Private individuals who only have work done for personal purposes are exempt from these obligations.
The list of high-risk sectors is yet to be specified by the Flemish Government.
Attention: If you are aware of illegal employment beforehand, you are liable regardless. Even if you have met all obligations, you can still face criminal or administrative penalties.
What obligations must you comply with?
1. Written declaration
Before starting any collaboration, you must request a written declaration from your direct (sub)contractor. In this declaration, they confirm that they will not employ illegal workers or engage self-employed individuals without a valid residence permit.
2. Requesting data
When hiring, you must request identification, contact, and residence details of foreign workers or self-employed individuals from your (sub)contractor, but only if they are active in a high-risk sector. The Flemish government will determine which sectors are considered high-risk.
3. Reporting obligation in case of refusal
If your (sub)contractor does not respond to your request for data, you must report this immediately to the social inspection. The Flemish government is working on a digital reporting platform to make this easier. It is currently unclear when and if this application will be implemented.
When do the rules come into effect?
The new rules will come into effect on January 1, 2026, unless the Flemish government decides to implement them earlier.
How Securex helps you
If you have any questions about chain liability, you can contact your Securex Legal Advisor at MyHR@securex.be.
