In the week from 21 to 25 October, the National Employment Office ONEM/RVA will carry out a nationwide audit operation in the cleaning sector. A flash control is an announced control that is mainly informative and preventive in nature. This does not mean, however, that the inspection services will not make a report when a serious offence has been committed.
As the announced controls are approaching, we give you some tips.
Who is being targeted?
Violators of social regulations and unreported work are the target of this action.
The controls are part of the ‘action plan against social fraud and social dumping’.
How to prepare for an inspection?
In a question to an expert, we explain the employer's rights and obligations in the event of a social inspection.
The ONEM/RVA checklist
The National Employment Office ONEM/RVA has put together a specific checklist for the cleaning sector. It contains the documents that are likely to be requested by a social inspector of the ONEM/RVA as well as the questions for which you can prepare. However, this checklist is only indicative in nature and does not prevent a social inspector from requesting that all documents required for his or her investigation are presented.
Here is a brief (non-exhaustive) overview of the main documents that we recommend you have at hand in the event of an audit:
- part-time employment contracts, student contracts, temporary agency work contracts, apprenticeship contracts and annexes;
- the employment regulations;
- work schedules;
- derogation document or registration system;
- if you employ a foreign worker, additional documents can be requested (e.g. residence permit, single permit, work permits and/or professional cards, A1 form, ...);
- the foreign employer who posts employees to Belgium must be able to submit a Limosa form for his employees;
- verification card for temporary unemployment;
The social inspector can also ask questions directly to your employees.
In our LegalSmart webshop, you will find several of these standard documents. Legal all-in customers can contact their Legal Officer to obtain certain standard documents.
Partena Professional's sector information
Partena Professional's sector information allows you to familiarise yourself with the sector provisions specific to your joint committee.
Legal Compliance Service
As the legislation is constantly evolving, you can call on our Legal Partners and their Legal Compliance service for advice. Our Legal Partners will examine your social documents and ensure compliance with social legislation. At the end of this audit, a report with a risk assessment will be drawn up and recommendations will be provided to you.
Once this audit has been completed, they will inform you regularly of the various legislative changes and their impact on your documents.
With this service, you will no longer fear a visit by a social inspector.
What happens next?
This flash action should not make us forget that social legislation must be observed all year round. Unexpected controls are there to increase awareness, particularly in the cleaning sector, which is a key target in the fight against social fraud.
In addition to the flash control organised by the ONEM/RVA, the Belgian Service d'information et de recherche sociale/Sociale Inlichtingen- en Opsporingsdienst [Information and Social Research Department] is planning 1 flash control for 2019, i.e. in the car wash sector on Friday 22 November 2019.
Source: Website of the ONEM/RVA: Flash controls in the cleaning sector in the week from 21 to 25 October