Flash inspections in the hospitality industry

Adverit AntwerpAntwerp, Belgium

In an earlier article, we indicated that in the month of February the transport sector would be scrutinised by means of announced flash inspections.

These flash inspections take place within the framework of the “2022 Social Fraud Action Plan” and are mainly aimed at those who violate social regulations and engage in undeclared work. In addition, the social inspectors are also still monitoring compliance with the COVID-19 measures.

With a view to implementing this Action Plan, these flash inspections are planned for the hospitality sector in the coming month of July.

Subsequently, the agricultural and horticultural sector will be subjected to these flash inspections in September 2022, and finally the major cities, with a focus on (hand) car washes, in November 2022.

These announced inspections are mainly informative and preventive in nature, but the inspection services can nevertheless intervene and impose fines if they identify serious and/or repeated infringements. The social inspection services have the right to enter a business at any time, whether during the day or at night.

As mentioned above, the flash inspections are announced. They will generally be announced a few weeks in advance, and a list of matters that the inspection services wish to examine during their visit may also be communicated beforehand. Please note, providing this list in advance is not mandatory and is purely indicative.

Several checklists can already be found on the website of the Social Intelligence and Investigation Service (SIOD). One highlighted topic, for example, is the inspection of permitted or justified absence, and it is possible that justification will need to be provided during an inspection when permitted absences are booked on a regular basis.

In addition, pay attention to DIMONA declarations, more specifically the special DIMONA declarations for occasional workers (“the extras”), flexi-job workers and students.

Do not forget that, as an employer, you have the right to be assisted during these inspections. Preparing for this inspection is also of great importance, as a good start is half the work. The social inspection services normally have no objection to the assistance of a lawyer. In fact, this is usually regarded as an added value.

Please note: social legislation must be complied with at all times, and it is the unannounced inspections that help to ensure this.

If you have any doubts as to whether you are fully in order, do not hesitate to contact us at contact@alisadvocaten.be.

Related practice areas

Labour law

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