Combating social fraud: what can we expect in 2018?

On Friday 8 December, the Plan d’action de lutte contre la fraude sociale 2018/Actieplan sociale fraudebestrijding 2018 [2018 action plan against social fraud] was approved. The Belgian federal government has adopted as its priorities for 2018 international social dumping, pseudo self-employed workers and the large cities policy.
This action plan incorporates the broad outline of the previous action plan.

Targeted inspections

Which sectors are being targeted?

The efforts of the various inspectorates will focus on certain sectors that are more susceptible to social fraud. These sectors will be subject to flash verifications carried out by the various inspection services. The following are still being targeted: the construction sector, the electro-technical sector, the cleaning sector, the hotel and catering sector, the transport sector, the meat sector, the taxis sector, the moving and relocation sector, the security sector, the agriculture and horticultural sector and the metallurgical and technological sector. To this list, which is identical to that of 2017, must be added the funeral services sector, which entered into a fair competition plan on 5 July 2017.

In the garages sector, already targeted in 2017, car wash services will be the focus of particular attention. A fair competition plan should be concluded for these companies at the start of 2018.

How many inspections can we expect?

The figures for the inspections announced remain the same by sector. The transport sector will nevertheless be subjected to increased attention, with 600 inspections planned in 2018 (as against 400 scheduled for 2017). This sector indeed faces many forms of fraud, such as illegal cabotage, social dumping, letter box companies and tachograph fraud.

Overall, the number of inspections at national level across all sectors will increase from 9,000 in 2017 to 10,000 in 2018.

The various flash verifications will be announced using an infoflash.

How to prepare for an inspection?

In a question to an expert, Jan Van Bellinghen explains the employer’s rights and obligations in the event of a social inspection.

SIRS checklists

The Belgian Service d’information et de recherche sociale/Sociale Inlichtingen- en Opsporingsdienst [Information and Social Research Department] has put together a series of specific checklists. In them you will find a list of documents 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.

Partena Professional’s sectoral information

Partena Professional’s sectoral information allows you to familiarise yourself with the sectoral 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. In this context, 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.

Source: Plan d’action de lutte contre la fraude sociale 2018/Actieplan sociale fraudebestrijding 2018 [2018 action plan against social fraud].

Author: Laurence Philippe

21/12/2017