Flash controls announced in agriculture and horticulture (JC 144 & 145)

On Tuesday 24 September 2019, the social inspection services will carry out a nationwide audit operation in the agricultural and horticultural sector.

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 against social fraud and social dumping’.

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 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 all work schedules;
• employment contracts and, where applicable, appendixes;
• derogation document 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 (e.g. work permits and/or occupation permits and residence permits for non-EU nationals, professional cards, A1 form, ...);
• the foreign employer who posts employees to Belgium must be able to submit a Limosa form for his employees;
• the occupational accident insurance;
• the occasional work form (picking card) for seasonal workers;
• ….

The social inspector can also ask questions directly to your employees:

• about their status as an employee;
• about their status as a socially insured person;
• 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 Compliance Service

As the legislation is constantly evolving, you can call on our Legal Partners and their Legal Compliance service for advice. Our 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.

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

For 2019, 1 flash control is planned, i.e. in the car wash sector on Friday 22 November 2019.

Source: Action plan against social fraud, 2019; Checklist green sectors.