Flash controls in the agri- & horticultural sector: 07/2020

Author: Leen Lafourt (Legal Expert)
Date:

After the announced flash controls in the taxi and transport sector in May were cancelled due to the corona measures, we have now received confirmation that the flash controls in the agricultural and horticultural sector (JC 132, JC 144 and JC 145) planned for July 2020 will take place.

We remind you that, unlike in previous years, the flash controls no longer take place on a specific date, but may occur during the entire month.

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.

As the announced controls are approaching, we give you some tips.

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 2020 of the fight against social fraud' and focus on social dumping and combating unreported employment in fraud-sensitive sectors.

How to prepare for an inspection?

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

The SIRS 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 agricultural and horticultural 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 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 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;
  • if you employ a foreign worker, the inspection service has the right to request any other document: work permits and/or occupation permits and residence permits for non-EU nationals;
  • in the case of posting, the posted employee must be able to submit the A1 form;
  • the foreign employer who posts employees to Belgium must be able to submit a Limosa (L1) form;
  • the occupational accident insurance;
  • the occasional work form (picking card) for seasonal workers;
  • ….

The social inspector can also ask questions directly to 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.);
  • in respect of the number of days worked as an occasional employee.

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.

 

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

The following flash controls are planned in 2020:

  • Car wash sector: September 2020
  • Meat sector: November 2020

 

Source: Action plan against social fraud, 2020; agricultural and horticultural sector: checklist.

 

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