The Royal Decree dated 23.04.200 (Belgian Official Gazette 20.05.2008) changes article 2. 14° of the Royal Decree dated 09.06.1999, concerning the employment of foreign employees.
According to the old rules, a national of a third country can only be posted to Belgium without work permit, if he already worked 6 months for a company in another EU country. This is no longer necessary. A national of a third country can now be posted to Belgium from the first day of his employment at a company in another EU country.
In addition, the posted national of a third country had to have a residence permit in the sending EU country which was valid until at least to three months after the posting.
In this way, they wanted to be sure that the national of a third country could return to that EU country after posting.
This is also made more flexible: the national of a third country must now only during the posting itself have the right to stay in the sending EU country.
The residence permit in that EU country no longer need to transcend the posting.
