Hi everyone, My boyfriend recently finished a IT stagiare with BBTK/SETCA trade union under an internship programme in conjuction a South African University. Shortly after completing his internship, he received a job offer from Company X, to work as a consultant. When we first heard the news, we were obviously ecstatic. But when Company X started to say that would not apply for a work permit from him, things started to go sour. At the time I hadn't read any Belgian publications concering labor laws in Belgium,so I wouldn't have known that what Company X was doing, was illegal. However, my boyfriend's former boss managed to negotiate with them (somehow) and convince them to apply for a work permit on his behalf. He signed the contract after hearing this, and started to work for them on August the 30th. Now, my boyfriend recently received news from a lawyer employed by his former trade union boss, that his request for a work permit was rejected, on the basis of him not earning enough for what they called a 'highly talented immigrant'. I am puzzled as to how Company X could have even offered him a job, knowing they aren't paying him enough to keep him on for as long as they wanted, and have since the decision, not relieved him of his duties as a consultant. From what I understand Company X would have made a plea on his behalf stating that there weren't any other suitable candidates in the Belgian job market, for the job. This is the reason I assumed they even went as far as to negotiate with his former boss-to hire him! In addition to this the process of requesting a work permit, was not made transparent to him-something that is REQUIRED under Belgian law and violates Company X's code of ethical conduct. Now that his request has been rejected, he has to make an appeal with the regional minister within 30 days, regarding their decision. His residence permit expires at the end of October. Does anyone know of a way of getting around this? Could he enroll in a school-apply for training?etc. All Help is appreciated, Thank you
Belgium - 2 Answers
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1 :
This is an official site of the Belgian governement with information about working visa. http://www.belgium.be/en/work/coming_to_work_in_belgium/work_permit/
2 :
We have read your question very carefully and will try to answer paragraph by paragraph. You say your man has recently completed a qualification – no problem with that – congratulations. Then you go on to say he received a job offer, now we are having some doubts…. Did he actually apply for the job or did it just appear? A straight yes or no answer is required. 2nd paragraph: Under EU law the employer is required by law to apply for the potential employee’s work permit, assuming one is required. If that was the case and a permit was required, the company would have to prove to the Belgian authorities that the potential employee had qualifications that were not available from an EU citizen. This process usually takes around six months as there is a lot of paperwork flying around, we know we have been through the process as an employer. During the process, in this case Belgium, will contact the potential employee asking them to visit their Embassy for an interview and bring all their papers. Did that occur? If it didn’t, something is very wrong…… something underhand is going-on as without the permit a non-EU national cannot take up the position on offer. 3rd paragraph: This make for very interesting reading as it does not hold water as a non-EU national cannot start work in an EU country without the permit – absolutely impossible – it does not happen. As for the salary question, that is irrelevant – providing an employer is paying more than the national minimum wage there is not a problem. Then you mention Directive 2003/109/EC – the “Blue Card Scheme†– so our question is what are your man’s qualifications as the rules of the scheme are very rigid!! Our question is: Does the "internship" count as a qualification for the "Blue Card" scheme? 4th paragraph: If your man is in Belgium, and working, without the necessary permit he has major problems, as has the company employing him. Both are breaking the law – simple as that – heads are going to roll, if what you say is correct. From the employers position he could be fined up to 10,000 Euros. The employee could, in theory, be deported and his passport stamped “persona non-gratiaâ€. No re-entry into the EU – ever. 5th paragraph: Now we are making a stab in the dark, working with the information you supply. The company, we think, has made the necessary representations to the authorities and completed the application but not waited for confirmation the permit has been granted. Permits are not always granted, for whatever reason, the employer is never told. Instead they have pre-empted the outcome and employed your man – very dangerous – especially in this case as the application has fallen. The company is at fault, they have not exercised their duty of care. 6th paragraph: The appeal procedure is very complicated, especially if your man does not understand the law or speak the language. Our advice is to contact a legal person who will represent him. As for the residence permit expiring, when it expires he must leave the country otherwise he is an illegal alien. Some advice: send us a private message, tell us who the company is and what his qualifications are, we might be able to point you in the right direction.
