Flash controls in green sectors in October 2023

The national flash controls in the green sectors (JCs 144, 145 and 132), namely the agricultural, horticultural and technical agricultural and horticultural sectors, will continue in the month of October 2023. This is announced on the website of the Belgian Service d'information et de recherche sociale/Sociale Inlichtingen- en Opsporingsdienst.

These announced flash controls are mainly informative and preventive in nature. When violations are found, inspection services may first issue a warning. Note that when they find serious and/or repeated violations, they will immediately issue an official report and penalties will be imposed.

Here's how to best prepare for these announced checks.

How to prepare?

In a previous infoflash, we explained 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 an employer 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 an audit:

• the employment regulations (containing all work schedules and proof of registration);
• employment contracts (and, where applicable, annexes);
• 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 the event of posting;
  • Limosa (L1) form; ...

• the occasional work form (picking card) for seasonal workers (occasional workers);

• …

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

• on their social status (salaried employee, self-employed person, student, temporary agency worker, etc.);
• on their status as socially insured persons (unemployed, unfit for work, integration income, pension, etc.);
• on the number of days worked as an occasional worker...

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.

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 control results

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 horeca sector during the month of June 2023 are now available.

What happens next?

These flash controls should not make us forget that social legislation must be observed all year round. Unannounced inspections always remain possible, especially in sectors supposedly prone to social fraud.

Other sectors

The following flash controls are planned in 2023:

• Meat sector: December 2023

Source: Website SIRS/SIOD.