During the whole month of January 2024, the social inspection services will carry out national flash controls in the construction sector (including electro-technical and metal sector).

 

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 target of this action.

The controls are part of the "2023-2024 action plan of the fight against social fraud" and focus on social dumping and combating unreported work in fraud-sensitive sectors.

How to prepare?

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 check-list 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);
• data with regard to the time worked and the remunerations of your employees (individual accounts, payslips, lists of work performances, proof of payment, etc.);
• employment contracts (and, where applicable, appendices);
• 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 last quarter;
• proof of declaration of site and Checkin@work;
• if you employ a foreign employee 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 employees who carry out their work on a construction site:

• 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 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 employees);
• 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.

 

Note!

This flash control is taking place at the same time as the #EU4FairConstruction campaign.

SIRS/SIOD has also developed a number of additional check-lists for this purpose:

• A check-list specific to the construction sector
• A check-list specific to the electro-technical sector
• A check-list specific to the metal and technology sector

 

Two guidelines are also available: the construction guideline and the metal guideline 

 

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.

If you have any questions or need assistance, you can always contact us at legal@partena.be.

As part of this exercise, we can provide you with a report including a risk analysis and offer the required recommendations. So you'll have nothing to worry about in the event of a visit by a social inspector.

 

Results of flash controls

On the website of the SIRS/SIOD you can consult the results of the flash controls that have already taken place.

 

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 2024:

• March: moving sector 
• June: Hospitality sector (HORECA)
• September: green sectors
• November: transport sector (including buses and trucks)

 

Source: Website SIRS/SIOD