“Ihere is something rotten in the Kingdom of Belgium: our State prefers to send back to Congo a man who has worked since his arrival in Belgium, who therefore pays his taxes and contributes!
The management of Collège Cardinal Mercier is (very) angry and wants to make it known, following being forced, on March 9, to terminate the contract of a religion teacher who was the victim of an administrative imbroglio and threatened by a order to leave the territory.
Holder of a university degree issued in Belgium, where he has resided for nine years, David Mbombo has been teaching full-time since September 2021 at the College. “He represents a species that has become rare in the Wallonia-Brussels Federation: a professor of religion holding the required titleglisse the ofrection of the institution, before detailing a situation “worthy of appearing in the pantheon of administrative imbroglios.”
Renewed contract
On June 30, David Mbombo’s employment contract ended, in accordance with the provisions governing the situation of professors who are not appointed. But the management informed this teacher giving complete satisfaction that his contract would be renewed at the start of the school year.
This was done on August 29, the day of the start of the school year defined by the new school calendar. The next day, a request to renew his work permit was submitted but on October 13, the Walloon Region announced that this request was inadmissible, also communicating its decision to the Foreigners Office.
“We then introduce, on the same day, a new of occupancy request which is this time deemed admissible (admissibility letter received on November 17, 2022), we confirm at the College. But on December 29, 2022, the Walloon Region sends us a refusal of occupation. Clearly, the application for a work permit is refused.”
Three arguments are invoked by the regional administration in support of this refusal, including… the absence of an employment contract during the summer school holidays of 2022. An obvious fact… which was clearly not provided for by law : without work, the professor did not respect the law relating to the occupation of foreigners in July and August…
“The contract might only be renewed at the start of the school year, not before, hammers the direction of the College. Mr. Mbombo was in an irregular situation between July 1, 2022 and August 28, 2022, not because of us but because of a legislative inadequacy, forcing a temporary teacher to be two months without an employment contract.
The other arguments concern an order to leave the territory sent by the Foreigners Office on July 1, which the professor claims to have never received, and a misunderstanding regarding a declaration to the ONSS.
The Collège Cardinal Mercier lodged an appeal and on February 7, the Region acknowledged receipt, while specifying that the procedure is not suspensive. Clearly, the teacher being considered as an illegal resident, he can no longer be employed at the school. She wrote to the regional minister of employment and to the minister of education in the Wallonia-Brussels Federation a month ago, but without getting a response.
“We naturally took our information as to the risks incurred by the College if we continue to employ Mr. Mbombo: in addition to fines, we would be under the threat of reimbursement of his salary since August 29, 2022, specifies the College, where one rebels once morest this absurd situation. We had no choice but to break the contract, by mutual agreement with Mr. Mbombo, and death in the soul…”