Background information

As is the case in the other regions (Wallonia and Flanders), the Brussels Capital Region has changed its regulations on migrant workers. It opted to streamline its existing policy rather than creating drastic changes. These changes were implemented through three new legal texts and came into effect on 1 October 2024: de Ordonnantie van 1 Februari 2024, Besluit van de Brusselse Hoofdstedelijke Regering van 16 mei 2024 and het Ministerieel besluit van 9 september 2024.

The new legislation concerns the employment of foreign workers (i.e. non-nationals of the European Economic Area (EEA) or Switzerland). For nationals of the EEA or Switzerland, the free movement of workers applies and the employer is not required to complete any specific formalities.

The principle is that a foreign worker must still obtain authorisation to work (a work permit or a single permit). For employment exceeding 90 days, the employer must follow the new single permit procedure.

Content of measure

1. No obligation to prove labour market shortage for shortage occupations - for positions listed by Actiris (the Brussels regional PES) as shortage occupations, employers are not required to demonstrate the absence of suitable Belgian candidates. Unlike Flanders, the Brussels Region still allows foreign workers to be employed in positions that are not classified as shortage occupations. In such cases, a labour market test must be conducted to confirm that no suitable candidate is available. The vacancy must be advertised via Actiris for at least five weeks.

2. Removal of separate category for managerial positions - since 1 October 2024, the separate permit category for managerial positions has been abolished. Employers must now apply under the ‘highly skilled’ category, provided the worker meets the relevant conditions. If not, eligibility for a new exemption for senior executives can be assessed.

3. Simplified calculation of minimum wage thresholds - as of 1 October 2024, the wage requirements for various categories have been revised. To determine whether the minimum salary threshold is met, only the employee’s fixed gross monthly salary is now taken into account.

4. Changes to the EU Blue Card scheme - in Brussels, it is now easier for Blue Card holders to change employers, and relevant professional experience is sufficient to apply for the card.

Use of measure

No evaluation at this time.

Target groups

Workers	Businesses	Citizens
Migrants or refugees in employment	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
Local / regional government	Regional funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Unknown
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: N/A

Involvement

No clear indication on the extent of involvement of the social partners. Some EO's do advise their members on the consequences of these changes.

Views and reactions

No clear public statements by the social partners or independently or in a bipartite way were found.

Sources

• 01 February 2024: Ordonnantie betreffende economische migratie (1 (www.ejustice.just.fgov.be)
• 16 May 2024: Besluit van de Brusselse Hoofdstedelijke Regering houdende uitvoering van de ordonnantie van 1 februari 2024 betreffende economische migrati (www.ejustice.just.fgov.be)
• 09 September 2024: Ministerieel besluit tot vaststelling van de lijst van documenten met betrekking tot de toekennings- of vernieuwingsvoorwaarden van de toelatingen zoals bepaald in de ordonnantie van 1 februari 2024 betreffende economische migrati (etaamb.openjustice.be)
• 27 September 2024: Nieuw Brussels arbeidsmarktbeleid vanaf 1 oktober 2024 (www.vreemdelingenrecht.be)