What are flash inspections?
Flash inspections are mainly designed to inform and prevent. The planned actions are announced in advance on the SIOD website. By announcing these actions beforehand, every company has the chance to be compliant. Sanctions are only applied in cases of serious or repeated violations.
Our tip
Start now with the SIOD checklist or ask your legal advisor for guidance. This way, you can avoid costly mistakes and problems.
Contact us at securexlegal@securex.be.
What does the inspection look at?
Besides moonlighting (social security declaration) and illegal employment (single permit, work cards and permits), the social inspection also checks other social obligations within your company:
- Labour regulation
Including all work schedules and mandatory annexes, such as the annex on psychosocial risks. - Labour contracts and annexes
For example, labour contracts for part-time work, student work, flexi-jobs or temporary agency work. - Control cards of unemployed workers
- Dimona declaration
- Industrial accident insurance
- Registration of deviations from work schedules
If applicable: documentation or registration system for deviations in part-time workers (more or fewer hours or varying work schedules compared to the fixed or variable work schedule provided).
The inspection also checks compliance with specific obligations in your sector (JCs 144, 145 and 132), such as:
- The forms (picking cards) for seasonal workers
- Proof of construction site declaration (AVW) and Checkin@work (C@W), in certain cases
Frequently asked questions
Is a flash inspection ‘less strict’?
Not necessarily. Flash inspections are announced, preventive inspections with an informative purpose. However, inspectors can write a report and impose sanctions in cases of serious or repeated violations. So make sure your company is compliant.
Can inspectors visit unexpectedly?
Yes. Flash inspections are announced at sector level, not for individual companies. Inspectors have broad powers to enter workplaces without prior permission. For private premises, however, authorisation or consent is required. An unannounced visit to your company is therefore possible.
What if something is missing?
For minor shortcomings, you usually first receive a warning and a period to become compliant. Serious or repeated infringements lead more quickly to a report and possible sanctions. Prevention is better than cure.
How do I prepare my team for the flash inspections?
Make sure everyone knows who will speak to the inspectors, where the necessary documents are kept and what needs to be shown. Keep identity documents, labour contracts and employment documents within reach. A short briefing beforehand can avoid a lot of stress.
What are the possible sanctions?
The Social Penal Code provides for administrative fines, criminal fines and even imprisonment. The severity of the fine or the imposition of imprisonment depends on the level of the infringement.
Example
In the agriculture and horticulture sector, the employment of seasonal workers is monitored via the occasional form (picking card).
The employer must complete and give this occasional form to the seasonal worker, at the latest at the start of the employment. In addition, the employer must check and initial this occasional form at least weekly.
Non-compliance with these obligations regarding the occasional form is punished with a level 2 sanction. The fine is multiplied by the number of employees involved.
A level 2 sanction is:
- either an administrative fine of €250 to €2,500
- or a criminal fine of €500 to €5,000
Read more about the different infringements and sanctions in our dossier.
How Securex helps you
Legal advice & document drafting
Do you have questions about social legislation or want to be sure your documents comply with sectoral rules? We update your labour regulation, labour contracts and policies tailored to your joint committee.
We can also conduct an audit on pay and labour conditions, Dimona declarations, part-time work and more.
Contact us via securexlegal@securex.be
On-site assistance during inspection
Has an inspection been announced in your company? Our experts are ready to assist you on site and defend your interests.
Contact us via securexlegal@securex.be