Flash checks in the cleaning sector (March 2021)

Author: Leen Lafourt (Legal Expert)
Date:

In March 2021, the social inspection services will carry out a nationwide audit operation in the cleaning sector (JC 121).

As was already the case last year, the flash checks no longer take place on a specific date, but can take place during the entire month.

A flash inspection is an announced inspection 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 '2021 action plan for the fight against social fraud' and focus on social dumping and combating unreported employment in fraud-sensitive sectors. What is new is that more attention is now paid to the safety, health and welfare of employees.

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 the cleaning 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 check list is only indicative in nature and does not prevent a social inspector from requesting all documents required for the investigation.

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;
  • the individual account, pay slips, performance lists, payment receipts of the employees;
  • the employment contracts and, where applicable, appendixes;
  • derogation documents or registration system 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;
  • declaration of work and Checkin@work (C@W);
  • in the case of employment of non-Belgian employee or self-employed persons, additional documents can be requested:
    • work cards and/or work permits and residence permits for non-EU nationals;
    • professional cards for foreign self-employed persons who are not exempt (non-EU nationals);
    • Limosa declarations with L1 document;
  • ….

The social inspector can also ask questions directly to your employees or request certain documents:

  • identification details the employer and/or customer;
  • 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 wages and working hours (who pays the wages, how are they paid, are there any wage credits, where are social security contributions and taxes paid?);

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 these flash inspections.  At the moment you can find information on the COVID-19 flash checks in the construction sector, cleaning sector, green sectors and the meat sector.

And afterwards?

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.

Other sectors

The following flash checks are planned in 2021:

  • Electrical engineering and construction: May 2021
  • Agricultural and horticultural sector: July 2021
  • Carwash - major cities: (end) August 2021
  • Meat sector: September 2021

 

Source: Action plan against social fraud, 2021; cleaning sector: checklist.

 

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