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The cleaning sector is required to record attendance at work. This registration must be carried out via the new "Checkinandout@work" application, developed by the NSSO. This application is currently available, but the obligation will only apply from 1 April 2024.
We are currently awaiting the publication of two Royal Decrees that will confirm the 1 April 2024 implementation date of the registration obligation.
This new obligation was introduced at the request of the social partners as part of the fight against undeclared work and to improve workplace safety.
You are subject to this obligation to record attendance if your activity consists of cleaning or maintenance, the purpose of which is to clean a property on behalf of a third party.
This is a cleaning or maintenance activity carried out on behalf of a client, which also constitutes construction work (within the meaning of the VAT code) and for which a "Declaration of work" must be made to the NSSO (article 30bis).
For example, road cleaning and snow removal are covered by this obligation. This is not the case for (mobile) container cleaning.
Note: from 1 January 2024, the threshold amount for the "Declaration of work" (article 30bis) in the cleaning sector has been abolished. A "Declaration of Work" is required, regardless of the amount of work involved.
The obligation to register applies regardless of the amount of the "Declaration of Work".
Your joint committee has no impact on determining whether you are subject to this obligation. Although Joint Committee 121 for cleaning will be most affected, the obligation is not limited to this Joint Committee.
Registration is the employee's responsibility. This also applies to the self-employed, temporary agency workers and trainees.
He registers his physical presence in the workplace and in real time in the "Checkinandout@work" application.
In the event of a break or change of workplace, IN and OUT recordings must be made.
As the employer or client, you must inform each of the persons concerned of the registration procedure and ensure that they record the start and end of their work at the workplace, as well as their rest breaks. For this purpose, you can consult the "Checkinandout@work" application yourself to check the registrations made.
For further details on these obligations, and to inform those concerned by this registration requirement, please consult the NSSO website
Attendance must be recorded via the "Checkinandout@work" (CIaO) application, and will be mandatory from 1 April 2024. Two Royal Decrees confirming this effective date have yet to be published in the Belgian Official Gazette.
The application is already available on the NSSO website.
The NSSO is introducing a transitional period between 1 April and 30 June 2024: during these 3 months, no fines will be imposed by the Inspectorate in the event of failure to comply with this new obligation to record attendance, except in the event of fraud.
Sources: Programme law of 26 December 2022, Belgian Official Gazette of 30 December 2022; Law of 5 November 2023 on various provisions relating to labour, article 12, Belgian Official Gazette of 23 November 2023
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