1. Former situation
Until 31 August 2009, Indian employees who worked on the Belgian territory for an employer established in Belgium or who were affiliated to a place of business in Belgium were subject to Belgian social security legislation.
2. New bilateral agreement
As mentioned, the new bilateral agreement on social security between the Kingdom of Belgium and India of 3 November 2006 enters into force today.
This has some important consequences:
- As from 1 September 2009, an Indian employee employed in India by an employer with a place of business in that country who is seconded by his or her employer to Belgium can remain subject to Indian social security legislation (as if that person were working on the territory of India), provided the secondment is not expected to exceed five years (60 months).
Even if the activities are carried out for more than the abovementioned maximum period of five years, Belgium and India can agree that the person in question will remain subject to Indian social security legislation.
- Specific rules apply to old-age and survivors’ benefits as well as to disability benefits.