Action Plan fight against social fraud: expectations 2020

Author: Jonas Verplanken (Legal Expert)
Read time: 4min
Publication date: 13/02/2020 - 14:03
Latest update: 13/02/2020 - 14:07

On Friday 20 December 2019, the 'Action Plan fight against social fraud 2020' was adopted. The federal government's priorities for 2020 are social dumping and the fight against unreported employment in sectors susceptible to fraud. Multidisciplinary cooperation and information sharing between the various inspectorates is also being pursued.

Targeted inspections

Which sectors?

The efforts of the various inspectorates target those sectors where social fraud is most present.

Particular attention will be paid to the following sectors: construction sector, electrical engineering sector, cleaning sector, catering sector, transport sector, meat sector, taxis, relocation sector, surveillance sector, agriculture and horticulture sector, car wash sector, metal and technology sector and funeral services sector.

In 2020 the following flash controls will be organised:

  • Cleaning sector: January 2020
  • Electro-technical and construction sector: March 2020
  • Hotel and catering sector (horeca): TBC (EU PUDW Campaign week: 16 - 22 March 2020)
  • Taxi and transport sector: May 2020
  • Agricultural and horticultural sector: July 2020
  • Car wash sector: September 2020
  • Meat sector: November 2020

Additionally the government is working on a criminal law response to the problems existing in the big cities. In 5 cities (Brussels, Antwerp, Ghent, Charleroi, Liège) 500 inspections will be carried out targeted on serious and organised social fraud with criminal intent. A new and specific feature is the inspection of social exploitation in nail studios, for which 100 inspections are envisaged.

The NSSO inspectorate will continue to pay special attention to new and provisionally registered employers in 2020. In this context, the NSSO envisages at least 1000 audits, which will take place in the first quarter after the submission of the first DMFA.

The inspectorate of the ONEm/RVA will, among other things, do inspections on abuses of the system of temporary unemployment (6000 inspections on an annual basis) and the combination of benefits granted for career breaks/time credits with income from employment.

Specifically for the problem of social dumping, at least 2000 audits will be carried out in 2020 by the specialised cells of the social legislation inspectorate (CLS/TSW), the national social security office (ONSS/RSZ) and the Social Security of the Self-employed (NISSE/RSVZ). These audits do not only inspect the illegally posted employees and the self-employed, but also the foreign employer's compliance with the legally required terms and conditions of employment (including the working conditions).

How many inspections are envisaged?

Overall, the number of inspections in all sectors would remain the same at national level compared to 2019, i.e. 10,000 inspections on an annual basis.

In the cleaning sector and the car wash sector, 50 additional inspections are planned. In the catering sector, the number of inspections will be decreased from 2200 to 1800. An additional 200 inspections are planned in the freight transport sector. For the big cities, the number of inspections will be increased by 100, and for social dumping, the number of inspections will be increased from 700 to 2000 audits per year.

How to prepare for an inspection?

In the following question to an expert, you can learn more about the employer's rights and obligations in the event of a social inspection.

The check list of the SIRS/SIOD

The Belgian Social Intelligence and Investigation Service (SIRS/SIOD) has drawn up specific check lists. These contain 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.

The Partena Professional's sector information

The sector information of Partena Professional gives you all the information you need regarding the sectoral provisions that apply 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.

Source: Action Plan fight against social fraud, 2020

 

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