Undocumented workers

What does it mean to have ‘undocumented’ work?

Workers, Employers and the Independed Contractor

A worker or employee is someone who works for a boss. Another word for boss is ‘employer’. An independent contractor or self-employed works for himself, he is his own boss.

The rights described in this guide are only applicable to workers. When you are your own boss e.i. a self-employed, you can not claim rights such as minimum wages or compensation after a workplace accident. On top of that, independent contractors are themselves responsible for paying social security and taxes. A self-employed person is liable himself if he is caught doing undeclared or ‘undocumented’ work.

Therefore be very careful if your boss proposes you to work as an independent contractor. Do not agree with that. Associates who buy parts of the company, are also independent contractors. If then your rights are not respected, it will be much harder to do anything about it. If you do not have a residence permit, you only get more vulnerable.

OR.C.A. has a brochure on being undocumented and working as an independent contractor. You will find it on the website or by sending a message to info@orcasite.be.

Attention: Current legislation does not allow you to regularize your residence based on work, not as an employee, nor as a self-employed. If you employer promises that he will arrange the papers once you work for him, he is lying. Should you doubt, contact a specialised service to check whether what the employer is saying is true. (see the address list)

‘White’ (declared) and ‘black’ (undeclared) work

Every employer must let the government know who works for him and how much they are paid. The people who work for him automatically pay taxes and contribute to the social security. The taxes and contributions are deducted from their pay. Besides this, the employer must pay an extra amount to the government. If your boss does all of that, then your work is declared.

People doing declared work can join a health insurance fund. This fund will pay you back a large part of your bills for doctors and medicines. If for some reason you cannot work or if you retire, you will receive a benefit payment. The money that you pay to the social security is used like a kind of insurance for everyone having problems.

‘Black (undeclared) work’ is work not reported to the government by the boss. This boss could end up paying a big fine. And his workers have no right to a pension or health insurance. As an employee you will not be punished for moonlighting. When there is an inspection of the workplace, you risk ending up in a closed centre and being deported from Belgian territory. If you received benefits, you might be forced to pay these back.

‘Undocumented’ work

If you are not a Belgian, you need special permission to work here. Some foreigners do not need such a permission. All the others – and definitely when you come form a country outside the European Union – need to have a work permit.
Those who have no residence permit cannot get a work permit. If you work without permission, you are working ‘illegally’; you are an undocumented worker. Your boss can be punished for this. A boss almost never declares undocumented workers. When you are working without a residence permit, you are probably moonlighting as well. So working clandestinely is working in Belgium without permission to work in Belgium.

Sometimes the fact that you work as a self-employed or an employee – even if you do not have a residance permit – is declared to the social security. In that case you do have the right to receive family allowances, health insurance and even a pension. You cannot get unemployment benefits and as long as you have no residence permit, you can be expulsed from the country after a control. In this case your work is declared, but you remain undocumented.

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Next chapter:
What does the law say about your employer?