Flemish Chain Liability for Illegal Employment of Third-Country Nationals

See our previous publication of 12 August 2025, in which we announced that the stricter due diligence requirement would be introduced on 1 January 2026 in certain fraud-prone sectors.

Territorial Scope

This legislation applies to any domestic or foreign company that is directly or indirectly involved in the activities listed below that are carried out in the Flemish Region. In other words, it makes no difference whether you use the services of a Belgian or a foreign contractor or subcontractor: the legislation applies as soon as activities are carried out in the Flemish Region.

High-Risk Sectors

The high-risk sectors are:

• the construction sector (works on real estate, supplying ready-mixed concrete);
• the cleaning sector;
• the meat sector (slaughter, cutting, meat preparation);
• parcel delivery services commissioned by postal services.

The due diligence requirement does not apply when:

• the work in the construction or cleaning sector is carried out for less than €30,000 (excluding VAT) and by a contractor without a subcontractor, or;
• the work in the construction or cleaning sector is carried out for less than €5,000 (excluding VAT) and there is only one subcontractor;
• the parcel delivery service uses a vehicle subject to tachograph requirements (for the transport of parcels up to 31.5 kg).

Due Diligence Requirement

To comply with the due diligence requirement, direct or intermediary contractors and professional clients active in any of these high-risk sectors must request several documents from their direct subcontractor (i.e. one link lower in the chain). In addition, they must still have a written statement in which the direct subcontractor confirms that they do not and will not use the services of illegally resident aliens on an employment or self-employment basis.

You can find detailed information on how to comply with the due diligence requirement on the Flemish website.

On this web page you will also find a handy checklist to help you complete the various steps in fulfilling your due diligence requirement. The checklist is available in English, Dutch, German, French, Portuguese, Polish, Romanian and Slovenian.

Digital Reporting System

The client, contractor and intermediary contractor must request the necessary information from their direct contractor or subcontractor and check that it is present. They are not required to assess the authenticity of the documents; however, they must assess whether the documents are genuine (i.e. not obvious forgeries) and check the expiry date. If documents have clearly been forged or are invalid, they are treated as non-existent. They must keep the data available for the social inspection services for five years after the collaboration.

If the data turns out to be missing after a request has been made for it, they must report this to the Flemish Social Inspectorate through the electronic reporting system.

The due diligence requirement is only satisfied once this has been done.

Check Your Service Agreements

It is important for you to review your service contracts with contractors/subcontractors and include additional provisions if necessary.