Flash controls electro-technical & construction sector 03/20

In March 2020 , the social inspection services will carry out a nationwide audit operation in the electro-technical and construction sector.

What is new is 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 ONEM/RVA 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 construction 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 workers (individual accounts, payslips, lists of work performance, 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 the previous quarter;
• proof of declaration of site or Checkin@work;
• 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 with L1 document, ...);
• ….

 

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

• on his (her) status as a worker (salaried worker, 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 workers);
• verification cards (unemployed workers);
• permission for part-time resumption of work (incapacitated workers);
• ….

 

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 construction sector, which is a key target in the fight against social fraud.

 

Other sectors

The following flash controls are planned in 2020:

• Taxi and transport sector: May 2020
• Agricultural and horticultural sector: July 2020
• Car wash sector: September 2020
• Meat sector: November 2020

 

There will also be an announced flash control in the hotel and catering sector. However, the month in which this will take place has not yet been communicated.

 

Source: Action plan against social fraud, 2020; construction sector: checklist.