Post Brexit - Which Laws Cover International Employment?

Temporary posting of workers

Ex. U.K. employer posts employee to Belgium; Belgian employer posts employee to the U.K.

Permanent employment

Ex. U.K. employer with employees in Belgium; Belgian employer with employees in the U.K.

2020 (transition period)

EU law continues to apply – no changes

EU law continues to apply – no changes (cf. Rome I Regulation)

As of 2021

1. Posting from Belgium to the U.K. =>

the Posting of Workers Directive 96/71/EC explicitly provides that companies established in a country which is not an EU Member State may not benefit from more favourable treatment than companies established in an EU Member State. For the time being, the Belgian Posting of Workers Act of 5 March 2002 will continue to apply after the transition period.

2. Posting from the U.K. to Belgium =>

Uncertainty – Rules will depend on the arrangements to be made between the EU and the U.K.

1. Permanent employment in Belgium (and EU generally) =>

Withdrawal Agreement does not provide any rules. However, the Rome I Regulation remains applicable for the territory of the EU, even if the parties to the employment contract have opted for the law of a third country.

2. Permanent employment in the U.K. =>

Rome I Regulation will continue to apply to employment contracts entered into before the end of the transition period (cf. Withdrawal Agreement). 

Rome I Regulation will not apply in the U.K. to employment contracts entered into as of 2021. Hence, parties will need to determine which terms and conditions of employment will apply in the U.K. under U.K. law.