Legal

Combating social dumping and unfair competition

Sophie Vissers
By:
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What new measures does your company have to take into account in 2025? Social dumping not only puts pressure on employees but also disrupts fair competition among businesses. In this article, you can read about the latest measures that compel businesses to respect social standards and thereby create a level playing field in the struggle against exploitation and unfair competition. Is your company’s business model compliant with the new rules of the game?
Contents

Ban on purely financial subcontracting

Since 1 January 2025, subcontractors will be prohibited from accepting a task from a (main) contractor and in turn outsourcing that task in whole or in part to another subcontractor or retaining solely the coordination thereof. This prohibition applies to subcontractors in the construction, meat, and removal industries but not to main contractors.

An infringement can result in a level 4 sanction, with a prison sentence of up to 3 years and fines of up to €56,000. In addition, the court may also impose a prohibition on participating in public tenders or obtaining concessions. It is important therefore to check whether your company will continue to carry out an operational task itself in the event of subcontracting. 

For further information, please see our previous publication: Ban on purely financial subcontracting in certain sectors from 2025

The new ‘parcels law’ - changes in the transport sector 

The ‘parcels law’ was recently adopted, with the aim of improving the working conditions of parcel deliverers. The new law applies to parcel delivery companies that have parcels delivered (within and beyond Belgium) by parcel deliverers (both employees and self-employed persons). This law comprises the following new provisions: 

  • Since 7 January 2024, contract-awarding companies can be held liable for infringements by their subcontractors in the area of the working terms and conditions of parcel deliverers 
  • Since 1 May 2024, principals and subcontractors must register with the Belgian Institute for Postal Services and Telecommunications (BIPT). Since 1 August 2024, they are required to half-yearly report on their activities. Starting on 1 April 2025, principals must inform the NSSO of the subcontractors they appeal on 
  • Since 1 May 2024, principals and subcontractors must appoint a coordinator
  • Since 1 August 2024, principals and subcontractors must introduce a time registration system.
  • As from April 2025, all registrations via an online system must be forwarded to a database maintained by the NSSO 
  • Since 1 October 2024, principals must provide a minimum remuneration to subcontractors
    Starting on 1 July 2026, the parcel distribution time for employees will be limited to a maximum of 9 hours per day (with a few exceptions) and 56 hours per week, with a maximum of 90 hours over two weeks. 

Expansion of the registration obligation to cleaning activities 

Since 1 September 2024, the registration of the beginning and end of the working time and breaks is mandatory for every worker (employee, self-employed, interim worker, or trainee) who performs certain types of cleaning. Employers must set up a registration system and inform their staff. 

New rules in the removal industry 

In addition to the aforementioned changes, other new legislation came into force on 1 January 2025 which fundamentally changes the rules about subcontracting in the removal industry:

  • The subcontracting chain for removal activities carried out on behalf of a principal are limited to three levels, and each subcontractor must inform its subcontractor of its position in the chain
  • A joint and several liability is introduced for wage debts. The principal or (sub)contractor must retain 50% to 65% of the invoice amount and pay it into a fund if the subcontractor is listed in a wage debt database
  • Principals and contractors are jointly and severally liable for the social debts of their (sub)contractors and must pay 35% of the amount due to the NSSO in case of debts
  • Starting on 1 January 2027, a “declaration of works” is required via the NSSO, including the registration of each natural person at each workplace where removal activities are carried out

More stringent rules on the chain of liability in the event of illegal employment in Flanders

The Flemish government has approved new rules that tighten criminal liability in the event of illegal employment in Flanders. Since 1 January 2025, the duty of care of the (intermediary) contractors is expanded: they must request certain documents from their direct subcontractors in advance, such as contact information and information about the residency and employment status of foreign employees/self-employed persons. Failure to comply with this obligation can lead to a level 4 sanction. It is therefore very important to review all services contracts with subcontractors and incorporate additional provisions if necessary.

For further information, please see our previous publication. Flanders to tighten up regulations on sequential liability in the event of illegal employment from 2025

New registration and withholding obligation in the construction and cleaning industries

Since 1 July 2024, companies in the construction and cleaning industry must register their working partners and assistants via a specific application of the Crossroads Bank for Enterprises before they can begin the work. The NISSE verifies that registration. In the event of non-registration, you risk paying a fine of between €500 to €4.000 per infringement. 

Starting in 2026, there will also be a withholding obligation: in addition to tax and social security debts (for staff), principals must determine whether the (sub)contractor has other outstanding social security contributions.

For further information, please see our previous publication. New registration and withholding obligation in the Belgian construction and cleaning sectors

To comply with the new regulations in the struggle against social dumping and unfair competition, it is essential that companies take proactive steps. 

  • Check your subcontractors: ensure that each link in the chain fulfils the new liability and registration obligations
  • Adapt your contracts: update existing contracts with your subcontractors to fulfil the new legal requirements
  • If necessary, implement a registration system
  • Stay informed of any additional changes

By taking action now, you will prevent problems later and contribute to fair competition.

If you have any questions, the advisors at Grant Thornton are available with expert advice and practical assistance.