Flash controls in the electro-technical and construction sector (May 2021)

In May 2021, the social inspection services will carry out a nationwide audit operation in the electro-technical and construction sector.

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

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 serious and/or repeated offences have 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 this 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 and proof of registration);
• data with regard to the time worked and the remunerations of your employees (individual accounts, payslips, lists of work performances, proof of payment, etc.);
• employment contracts (and, where applicable, appendixes);
• derogation documents or registration system for part-time workers;
• proof of affiliation to O.P.O.C./P.D.O.K. (Belgian Employers’ Office for the Organisation and Control of Welfare Schemes), and be compliant up to and including last quarter;
• proof of declaration of site and Checkin@work;
• if you employ a foreign employee 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 with L1 document, ...);
• ….

The social inspector can also directly ask questions or request information from your employees who carry out their work on a construction site:

• 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 (her) wage and working hours;

And can request certain documents to be submitted immediately:

• employment contract with work schedule and derogation documents (part-time employees);
• verification cards (unemployed employees);
• permission for part-time resumption of work (incapacitated employees);
• ….

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.

COVID-19

Also keep in mind that the social inspectors will still pay attention to compliance with the COVID-19 measures during the flash controls. The SIRS/SIOD has developed a specific COVID-19 checklist drawn up for this purpose. 

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.

Results of flash controls

On the website of the SIRS/SIOD you can also consult the results of various flash controls. The results of the teleworking flash control are now available.

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 electro-technical and construction sector, which is a key target in the fight against social fraud.

Other sectors

The following flash controls are planned in 2021:

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

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