Announced flash controls in the agricultural and horticultural sector (September 2022)

Author: Leen Lafourt (Legal Expert)
Date:

During the whole of September 2022, the social inspection services will carry out national flash controls in the agricultural and horticultural sector (JC 144 and 145).

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 serious and/or repeated offences have been committed.

See our tips below on how to best prepare for these announced controls.

Who is being targeted?

Violators of social regulations and unreported work are the main target of this action. The controls are part of the 'action plan 2022 of the fight against social fraud and social dumping which is built around 7 strategic objectives.

How to prepare?

In a question for an expert , we explain the employer's rights and obligations in the event of a social inspection.

The SIRS/SIOD check list

The Belgian Service d'information et de recherche sociale/Sociale Inlichtingen- en Opsporingsdienst [Information and Social Research Department] has put together a specific checklist for this sector. It contains the documents that are likely to be requested by the social inspector 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 a company audit:

  • the employment regulations (containing all work schedules and proof of registration);
  • employment contracts (and, where applicable, appendices);
  • derogation documents or registration system for part-time workers;
  • in the event of temporary agency work: the temporary agency work contract between the user and the temporary work agency and the employment contract for temporary agency workers between the temporary work agency and the temporary agency worker;
  • in the event of employment of non-Belgian workers, additional documents can be requested:
    • work cards and/or work permits and residence permits for non-EU nationals;
    • A1 form in the event of posting;
    •  Limosa (L1) form; ...
  • the occasional work form (picking card) for seasonal workers;
  • ….

The social inspector can also directly ask questions or request information from your employees:

  • on his (her) status as an employee (salaried employee, self-employed person, student, temporary agency worker, etc.);
  • on his (her) status as a socially insured person (unemployed, unfit for work, integration income, pension, etc.);
  • on the number of days worked as an occasional worker.

And can request certain documents to be submitted immediately:

  • verification cards (unemployed employees);
  • permission for part-time resumption of work (incapacitated 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 support

Our Legal Partners are following up on the constantly evolving legislation. In the context of our 'Legal Privileged Partners (LPP)' service, our team can examine your social documents and ensure compliance with social legislation.

As part of the exercise, if desired, a report with a risk analysis can be made and we can give you the required recommendations. With this service, you will no longer fear a visit by a social inspector.

Flash control results

On the website of the SIRS/SIOD you can also consult the results of various flash controls. The results of the flash controls in the construction sector during the month of May 2021 are now available.

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 agricultural and horticultural sector, which is a key target in the fight against social fraud.

Other sectors

In 2022, flash controls have only been announced for the Carwash - major cities. Should this change, we will of course not fail to inform you of this.

Source: Action plan 2022 fight against social fraud and social dumping; green sectors: checklist.

 

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