For well-being at work (safety, health, psychosocial aspects, occupational hygiene), the legislation of the country where the work is physically performed is generally applicable.
The administrative situation (Belgian payroll) is not decisive in this regard. Well-being rules are rules of public law and follow the principle of territoriality: a country imposes its safety and well-being standards within its own borders, and also enforces them through its own inspection services.
Cross-border employment and well-being at work: which legislation applies?
When an employee is on a Belgian payroll but works (partially) abroad, questions often arise about the application of the Belgian Code on Well-being at Work. Does an employee in France have to go to the Belgian occupational doctor? Is the Belgian prevention adviser competent for a workplace in the Netherlands?
On this page, we explain the principle of territoriality and what it means for your prevention policy.
The basic principle: territoriality
In the world of HR and prevention, we make an important distinction between social security, labour law, and well-being legislation.
While parties in an employment contract can often make a choice of law for labour law (e.g., Belgian law), this is not possible for well-being at work. Well-being and safety standards (such as the Belgian Code or the French Code du travail) are rules of public law and public order.
This means:
- A country imposes its safety standards on everyone who physically works on its territory.
- The Belgian inspection (Supervision of Well-being at Work) has no jurisdiction across the border.
- The employer must follow the rules of the country where the work is actually performed.
Three scenarios in practice
The extent to which Belgian legislation applies depends on the distribution of working hours and the country where social security contributions are paid.
1. 100% employment abroad
Does your employee work full-time abroad (e.g., a French frontier worker or an expat)?
- Applicable law: Only the legislation of the country of employment.
- Medical supervision: This must be done through a locally recognized prevention service or occupational health service in the country of employment. A Belgian medical certificate of fitness is not legally conclusive in this case.
- Role of Premed: The Belgian external service has no legal mandate here.
2. Predominant employment abroad (e.g., 60% abroad / 40% Belgium)
When the employee works more than 25% of the time in the country of residence and is also socially insured there:
- Dual competence: The employee enjoys the protection of the mandatory provisions of the country of employment.
- Medical supervision: The foreign occupational health service is leading. Belgian reintegration trajectories or obligations from the Code do not apply, because social security runs through abroad.
- Prevention: For the days in Belgium, the workplace must naturally comply with Belgian standards, but the general medical follow-up follows the country of social security.
3. Predominant employment in Belgium (e.g., 60% Belgium / 40% abroad)
When the focus of activities is in Belgium:
- Belgian Code: This forms the basis for the global prevention policy.
- Medical supervision: The employee is subject to Belgian medical supervision via Premed.
- Point of attention: For hours worked abroad (e.g., structural homeworking across the border), the employer must still guarantee that the minimum local safety requirements of that country are respected.
Summary for the employer
| Situation | Applicable well-being law | Medical examination by |
|---|---|---|
| 100% abroad | Legislation of country of employment | Local foreign service |
| >25% abroad (+ social sec. abroad) | Legislation of country of employment is dominant | Local foreign service |
| Mainly Belgium | Belgian Code | Premed |
Practical tips for HR:
- Check the A1 certificate: This certificate determines which social security system applies. Medical follow-up (incapacity for work and prevention) often follows the same track.
- Avoid a mix of legislation: It is not advisable to combine the well-being legislation of two countries in one contract. This leads to confusion about which occupational doctor is competent in case of illness.
- Local partners: For your foreign employees, work with a local prevention partner to comply with the specific risk analyses and medical checks of that country.