Increased fines in social criminal law starting from 2026

As of 1 February 2026, the administrative and criminal fines in social criminal law will increase. This change is due to an increase in the "decimals," which is a multiplication factor that raises the fines set out in the social criminal code. This factor will increase from 8 to 10.

This AI-generated translation may contain errors and should not be considerd legal advice. For accurate info, refer to the Dutch or French version or consult your Securex Legal Advisor.

Increases in fines from 1 February 2026

It is not the criminal or administrative fines specified in the social penal code that will be changed. Instead, it is the general multiplication factor (decimals) applied to these fines that will be adjusted.

Currently, these fines are increased by a factor of 8; from 1 February, they will be multiplied by 10. This applies to both administrative fines imposed by the administration and criminal fines imposed by a judge, resulting in a 25% increase.

Our tip: The inspection services regularly carry out checks, both announced and unannounced. Always ensure that you are legally compliant to avoid fines. Your Legal Advisor can help you with this. Be sure to contact them via myHr@securex.be.
Read more: "The flash inspections for 2026 are known"

Overview of fines

In social criminal law, there are four levels of sanctions, each with its own minimum and maximum fine, depending on the offense.

The new fines including decimals are:

Level of sanction	Administrative fine minimum/maximum)	Criminal fine (minimum/maximum)
Level 1	100 to 1,000 euros	/
Level 2	250 to 2,500 euros	500 to 5,000 euros
Level 3	500 to 5,000 euros	1,000 to 10,000 euros
Level 4	1,000 to 10,000 euros	2,500 to 25,000 euros

Please note that the court may also impose custodial sentences (ranging from six months to three years) for a Level 4 offence. This is, for example, the case in situations involving the employment of workers who are illegally residing in Belgium (social fraud and illegal employment).

An employer cannot be simultaneously sentenced to both an administrative fine and a criminal fine for the same offence. However, the combination of imprisonment and a criminal fine is possible.

For more information on sanctions under social criminal law, please consult our thematic file on social criminal law.

Read more: “An overview of the most common offences.”

Minimum Fine in Case of Aggravating Circumstances

A minimum threshold applies when an employer commits an offence with aggravating circumstances.
In such cases, the criminal or administrative fine may not be lower than half of the maximum fine provided for a Level 4 offence.
There is an exception for offences committed intentionally (“knowingly and willingly”), where such intent has already resulted in an increase of the sanction level to Level 4.

The aggravating circumstances include:

Level 4 offences committed knowingly and willingly.
Obstruction of social inspection investigations, sanctioned at Level 4, involving the use of physical or psychological violence, or threats, against a social inspector.

Example:
If an aggravating factor is present in connection with a Level 4 offence and the court imposes a criminal fine, that fine will amount to at least EUR 35,000 (being half of EUR 70,000).
If an administrative fine is imposed, the minimum will be EUR 17,500.

Entry into Force

The new fines apply to offences committed from 1 February 2026 onwards.
For an offence committed before that date, but for which the court only imposes a sanction afterward, the previous multiplier (“opdeciemen x 8”) will remain applicable.

What can Securex do for you?

If you have any further questions, please do not hesitate to contact your Legal Advisor via email at myHR@securex.be.

Sources

Act of 19 December 2025 concerning the increase of “opdeciemen” and the reinforcement of fines for offences under the Social Criminal Code committed with an aggravating factor.
Social Criminal Code

Social inspection and sanctions