A law of 15 May 2024 introduces many changes to the provisions of the Social Penal Code.

Those modifications enter into force on 1st July 2024.

Brief overview of the main changes.

For more information, visit the FPS Employment, Labour and Social Dialogue website.

Amounts of level 3 penalties doubled

The amounts of the criminal and administrative fines of the level 3 penalties are doubled:

• the amount of the criminal fine is between EUR 1,600 and EUR 16,000 (after application of the surcharges);
• the amount of the administrative fine is between EUR 800 and EUR 8,000 (after application of the surcharges).

Increase of the maximum amounts of level 4 penalties

The maximum amounts of the criminal and administrative fines of the level 4 penalties are increased:

• the maximum amount of the criminal fine is of EUR 56,000 (after application of the surcharges);
• the maximum amount of the administrative fine is of EUR 28,000 (after application of the surcharges).

Increase of the penalty level

The penalty level has been increased for some offences, in particular those relating to:

• Payment of remuneration;
• Reimbursement of travel expenses;
• Contents of the payslip;
• Contents of the individual account.

Decrease of the penalty level

Under certain conditions, the penalty level has been decreased for some offences, in particular those relating to:

• Notification measures for public holidays;
• Contents of the work rules;
• Making the individual account available to the inspection services;
• Delivery of the social balance sheet to the NBB.

New offences

New offences have been introduced, in particular those relating to:

• Flexible working hours and time recording system;
• Granting of ecovouchers;
• Granting of a "work clothes" allowance;
• Supplying of work tools;
• Delivery of the payslip.

New sanction

A new sanction has been introduced: the exclusion from the right to participate in public contracts or concessions (in certain cases and under certain conditions).

Source: Law of 15 May 2024 amending social criminal law and various provisions of labour law, Belgian Official Gazette of 21st June 2024.