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During the month of June 2024, the social inspection services will carry out national flash controls in the hospitality sector (JC 302).
A flash control is an announced control that is 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.
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;
the employment contracts and, where applicable, appendices;
derogation documents or the 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;
if you employ a foreign worker 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, ...);
for occasional workers: a working time register;
if you employ flexi-job workers: the written framework agreement, the specific flexi-job employment contract;
….
The social inspector can also ask questions directly to 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 his (her) wage and working hours.
Partena Professional's sector information allows you to familiarise yourself with the sector provisions specific to your joint committee.
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.
Do you have questions or need help? Feel free to send an email to legal@partena.be.
As part of the exercise, 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.
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 moving sector during the month of March 2024 are now available there (including number of controls, types of violations detected...).
The following flash controls are planned in 2024:
September: Green sectors (JC 144, JC 145, JC 132)
November: Transportation sector (including bus & truck)
Source: Website SIRS/SIOD
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