From 1 October 2014, Belgian legislation concerning domestic staff is adapted to comply with international standards issued by the International Labor Organization (ILO).
We can note three significant changes:
the adaptation of the concept of 'house staff';
the abolition of the limited subjection or the lack of subjection of domestic workers to social security.
1. The new definition of 'house staff not subject to the ONSS'
Until now, we could classify non-ONSS house staff into two categories:
A) 'external domestic workers': those who provide mainly manual housework for the household needs of the employer or his family and who do not live with the employer provided that:
- they never work four hours a day or more with the employer;
- the daily benefits provided are four hours or more, but the cumulative total of these daily benefits of four hours or more does not reach twenty-four hours a week for one or more employers.
B) "other housekeepers": these are people who provide intellectual services (childcare, private nurse, ...) or manual services other than housework ( private driver, gardener, ...) for the needs of the household as long as this work does not exceed 8 hours per week at one or more employers.
From October 1, 2014, are considered as 'house staff not to submit to the NSSO', persons who mainly provide work for the household needs of the employer or his family, with the exception of manual household activities, provided that:
- the salaried worker does not carry out these occasional activities in this household professionally and in an organized manner;
that he receives only limited compensation;
- and that the activity does not exceed 8 hours per week for one or more employers.
C) More concretely:
- Manual household activities (mainly cleaning and / or gardening) can no longer be considered as work not submitted to the NSSO, regardless of the number of hours worked;
- Only the intellectual services (babysitting, private nurse, lady of company, ...) will be considered as house staff not to submit to the ONSS from 1 October 2014 as long as the 3 conditions included above are respected (occasional activity, limited compensation, maximum 8 hours per week).
2. The subjection of 'house staff' to the ONSS
Under the influence of international standards, 'domestic workers' (= people who mainly provide manual household work for household needs) must now be able to enjoy the same social protection as ordinary workers.
From the 4th quarter of 2014:
there will no longer be a partial exemption from social security contributions for domestic workers. The application of the Act was limited to the compulsory sickness and disability insurance plan, to the employees 'superannuation and survivors' pension plan, to the annual workers 'vacation plan and to the workers' compensation plan. employment and unemployment.
the legislator abolishes the derogatory regime of non-subjection to social security for external domestic workers addressed in point 1.
More concretely, there will be subjection to the NSSO of all house staff except:
staff performing intellectual services (see definition above: childcare, private nurse, etc.) for household needs if this work does not exceed 8 hours per week at one or more employers .
In other words, domestic workers become ordinary workers and the favorable social status disappears. In terms of figures, while basic social security contributions amounted to 36.96%, they will amount to 43.96% (without wage moderation) from 1 October 2014.
We also draw your attention to the fact that this staff can no longer, because of their submission to the NSSO, be occupied less than three hours per shift. It can no longer be occupied in a work regime of less than one third of the time, unless it is under a derogatory part-time work contract providing for daily benefits of a minimum of 4 hours.
Note also that for people who perform household activities only sporadically and unprofessionally, it is still possible to provide for a derogatory social security scheme. To follow so ...!
3. DIMONA
Employers currently employed by staff who were not required to report to the NSSO on the basis of the old regulations and who decide to continue to employ such staff after 1 October 2014, must also prepare a declaration as from 1 October 2014 Dimona for this staff. The date of entry into service to be notified in DIMONA is October 1, 2014 (and not the effective date of service if this date is before October 1, 2014).
You also have the obligation to take out accident insurance for her.
