Are Belgian holiday regulations applicable?
Generally speaking, if an employment contract is not governed by Belgian law, some mandatory provisions of Belgian law may nevertheless be applicable to the extent that the activities are performed in Belgium. These rules are considered to be so important that they have priority over contractual provisions. They can be found in the law and in collective bargaining agreements. However, these rules are only intended to give minimum protection. They will be superseded by provisions of the applicable law if the latter are more favourable to the employee. Holiday pay is considered to be such a mandatory provision. Until recently, these mandatory rules of law were considered not to be applicable to posted employees temporarily assigned to Belgium, given the fact that they are only occasionally working in Belgium and/or on a not regular basis. New regulations As of 1 April 2002, Belgian law is also applicable to posted employees assigned to Belgium, regardless of the expected term of their ac
