Flash inspections announced in the car wash sector (JC 112)

In September 2020, the final flash inspection of 2020 will take place for the time being. This takes place in the car wash sector (JC 112).

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

A flash inspection is an announced inspection 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 inspections 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 inspections 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/SIOD 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 car wash 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 check list is only indicative in nature and does not prevent a social inspector from requesting all documents required for the investigation.

The social inspector can, without prior notice, enter freely at any time of the day or night, in all workplaces or places where he reasonably suspects that persons are working.

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 their proof of registration;
• data with regard to the time worked and the remunerations of the employees (individual accounts, payslips, etc.);
• 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 social inspector can also ask questions directly to your employees or request certain documents during a workplace inspection:

• who is the employer or customer;
• 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 the wages and the working hours.

In our LegalSmart web shop, 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.

Flash inspection results

On the website of the SIRS/SIOD you can also consult the results of these flash inspections. Currently, only the information from the flash inspection in the cleaning sector is available.

What happens next?

This flash action should not make us forget that social legislation must be observed all year round. Unexpected inspections are there to increase awareness, particularly in the car wash sector which is a key target in the fight against social fraud.

Other sectors

For 2020, this was the last flash inspection announced for the time being. Should this meanwhile change, we will not fail to inform you of this

Source: Action plan against social fraud, 2020; car wash sector: check list.