Announced flash controls in the transport sector (February 2022)

Author: Leen Lafourt (Legal Expert)
Date:

During the month of February 2022, the social inspection services will carry out national flash controls in the transport sector, including courier companies.

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.

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 target of this action.

The controls are part of the ‘action plan 2022 of the fight against social fraud’.

Also keep in mind that the social inspectors will still pay attention to compliance with the COVID-19 measures during the flash controls. The SIRS/SIOD has developed a specific COVID-19 checklist drawn up for this purpose.

How to prepare?

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

The SIRS/SIOD checklist

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 work schedules and proof of registration);
  • data with regard to the time worked and the remunerations of your employees (individual accounts, payslips, performance lists, proof of payment, etc.);
  • employment contracts (and, where applicable, appendices);
  • derogation documents or registration systems for part-time workers;
  • in case 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;
  • digital tachograph data (driver cards and vehicle units) on stick or CD and possibly analogue discs;
    • daily performance sheets;
    • list of licensed vehicles/number plates;
    • driver trip sheets (if available);
    • consignment notes, invoices, permits and subcontracting agreements;
  • if you employ a foreign worker or appeal to a self-employed foreign national, the inspection service has the right to request any other document (e.g. work permit and/or occupation permit, Limosa declaration, ...);

The social inspector can also directly ask questions or request information from the driver of a vehicle during a roadside check:

  • who is his (her) employer/principal;
  • 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 his (her) wage and working hours;

And can request certain documents to be submitted immediately:

  • work cards and residence permits (for non-EU nationals);
  • record book;
  • documents carried on board the vehicle, permits, consignment notes, rental contract;
  • employment contract with work schedule and derogation documents (part-time employees);
  • verification cards (unemployed employees);
  • permission for part-time resumption of work (incapacitated employees);
  • tachograph data;
  • consignment notes;

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

You can visit the website of the SIRS/SIOD to consult the results of last year's flash controls. 

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 transport sector, which is a key target in the fight against social fraud.

Other sectors

The following announced flash controls will be organised in 2022:

  • Construction sector: May 2022;
  • Hospitality sector: July 2022;
  • Agricultural and horticultural sector: September 2022;
  • Carwash - major cities: November 2022.

 

Source: Website SIRS/SIOD; transport sector: checklist.

 

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