Important note: flash controls in green sectors brought forward to June 2021!

Author: Leen Lafourt (Legal Expert)
Date:

The national flash controls in the green sectors (JC 132, 144 and 145) will take place in June 2021 and not in July 2021 as originally planned. This is announced on the website of the Belgian Service d'information et de recherche sociale/Sociale Inlichtingen- en Opsporingsdienst.

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 June.

These announced flash controls are 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 main target of this action. The controls are part of the 'action plan 2021 of 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.

Furthermore, the flash controls in the green sectors will also have a European dimension this year. The European Labour Authority (ELA), a new EU body, is launching an awareness raising and inspection campaign about the problems that arise with seasonal work.

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);
  • 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;
  • in the case of employment of non-Belgian workers, additional documents can be requested:
    • work cards and/or work permits and residence permits for non-EU nationals;
    • A1 form in case of posting;
    • Limosa (L1) form; ...
  • the occasional work form (picking card) for occasional workers;
  • ….

The social inspector can also directly ask questions or request information from your employees:

  • 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 number of days worked as an occasional worker.

And can request certain documents to be submitted immediately:

  • 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 flash controls in the cleaning sector during the month of March 2021 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:

  • Carwash - major cities: (end) August 2021
  • Meat sector: September 2021

 

Source: Action plan against social fraud, 2021; green sectors: checklist.

 

 

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