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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.
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.
In a question to an expert, we explain the employer's rights and obligations in the event of a social inspection.
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 social inspector can also ask questions directly to your employees or request certain documents:
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 allows you to familiarise yourself with the sector provisions specific to your joint committee.
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.
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.
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.
The following flash checks are planned in 2021:
Source: Action plan against social fraud, 2021; cleaning sector: checklist.
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