Flash inspections across various sectors: prepare for the inspection together with your lawyer.

Adverit AntwerpAntwerp, Belgium

As part of the implementation of the Social Fraud Action Plan 2023-2024, a national flash inspection in the hospitality sector is planned for June. This is part of the policy aimed at combating social fraud and illegal employment.

Earlier this year, the transport sector (February 2023) and the construction sector (April 2023) were scrutinized. Still on the agenda this year are the cleaning sector (August 2023), the green sectors (October 2023), and finally the meat sector (December 2023).

During the month of April, 245 companies were subjected to a flash inspection, with infringements found in 100 companies, i.e. 41% of the companies inspected. The main infringements related to DIMONA declarations, LIMOSA declarations, and checkin @ work. 48 official reports (pro justitia) were issued and 9 companies received a warning. During the flash inspections in the transport sector, 160 companies were inspected, 25 of which had infringements. This resulted in 2 warnings, 4 official reports (pro justitia), and 1 administrative sanction from the NEO (RVA).

Flash inspections are mainly informative and preventive in nature, but in cases of serious and/or repeated infringements, official reports will nonetheless be drawn up. Moreover, the social inspection services are entitled to enter a company at any time, whether during the day or at night.

The inspections mainly focus on undeclared work, which means, among other things, that the identities of the employer and employees may be checked, and inspectors may also request various personnel-related documents, such as employment contracts, work regulations, work schedules, and the like.

Also pay attention to DIMONA declarations, particularly the special DIMONA declarations for occasional workers (“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 battle. The social inspection services generally 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 ensure this is achieved.

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

Related practice areas

Labour law

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