Battle against secondment fraud gains extra weapon

10 November 2017

Anyone employed temporarily in a different EU country is obliged to submit a so-called A1 document in that other country. This document proves that he or she has paid Social security Social security is currently managed at the Federal level in Belgium. The most important pillars of Belgian social security are: sickness and invalidity insurance (NIDHI), pensions, unemployment insurance and child allowances. In addition, occupational illness, occupational accidents and annual holidays are dealt with at this level. Some Flemish parties have been campaigning for years for (large parts of) social security to be transferred to the Regions and Communities. social security contributions in the country of origin. The document is in principle strictly binding for the host country; however, this is no longer true when it comes to fraud. This advice comes from the Advocate-General of the European Court of Justice. “If the Court follows this advice, the Member States will have an additional weapon in their arsenal for fighting secondment fraud,” says MEP Helga Stevens.

The advice was given after a Belgian judge blew the whistle. He had been faced with Bulgarians who were working in the construction sector here, but who were only able to submit a fraudulent A1 document. “This has become a genuine scourge,” Helga Stevens says. “And it’s squeezing a good many Flemish builders out of the market. So the advice of the Advocate-General is a step in the right direction.”

Social dumping remains a point for attention

The N-VA emphasises, however, that the fight against social dumping is far from being won: “As long as seconded employees can pay their social security contributions in the country of origin for two years, Flemish employees will continue to lose out to the competition. It’s also the case that we have to make our own social security more competitive by reducing social security charges. Fortunately, thanks in part to pressure from the N-VA, the secondment period has already been shortened as of October.”

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