On Friday 17 May 2019, the social inspection services will carry out a nationwide audit operation in the taxi and transport 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 check-list
The Belgian Service d'information et de recherche sociale/Sociale Inlichtingen- en Opsporingsdienst [Information and Social Research Department] has put together a specific check-list for the transport sector. This list 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 that all documents required for his or her investigation are presented.
Specific to this sector is that the social inspector can request documents following a company audit or a roadside check.
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 work regulations (with work arrangements and proof of registration);
- data with regard to the time worked and the remunerations of your employees (individual accounts, pay slips, lists of work performances, proof of payment, etc.);
- employment contracts (and, where applicable, appendixes);
- derogation documents or registration system for part-time workers;
- digital tachograph data on stick or CD and possibly analogue discs;
- daily performance sheets;
- record book;
- If you employ a foreign worker or appeal to a self-employed foreign national, the inspection service has the right to request any other document (e.g. work permit and/or occupation permit, Limosa declaration, A1,...);
In addition, it is also possible to ask questions and request documents from your drivers during a roadside check.
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 respected all year round. Unexpected controls are there to increase awareness, particularly in the electro and construction sector, which is a key target in the fight against social fraud.
The following flash controls are planned in 2019:
- Hotel and catering sector (horeca): 06 July 2019
- Horticultural and agricultural sectors: 24 September 2019
- Car-wash: 22 November 2019
Source: Action plan against social fraud, 2019; check-list transport sector.