The social inspectorate on the premises: what now?

Leonie Denooze   |  

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Sooner or later, every company has to deal with the social inspectorate. So the question is not whether you will have to deal with it, but rather when.

An announced or unannounced visit by the social inspectorate makes many employers feel uncomfortable. Find out what you can do to make the inspection go as smoothly as possible below:

Avoid potential risks

It is important to have your company assessed on a regular basis. So do not wait until the inspector is at the door. By working proactively on your social policy, as an entrepreneur, you know what is going on in your company. In this way, potential risks can be avoided.

Documents required

In an inspection by the social inspectorate, a number of statutory documents will always be requested for inspection. These are usually the employment contracts, work regulations and individual employee accounts.

Check your official report of the interview

If the social inspectors find that there has been an infringement of social legislation, they have discretionary powers to decide what action they intend to take.

In the case of minor infringements, they will issue a warning or regularise the error. In the case of more serious infringements, an official report will usually be drawn up establishing an infringement.

The official report establishing an infringement has special evidential value. The facts stated therein shall apply unless proved to the contrary.

It is therefore important to always check your own statement. If the text does not correspond to what you have said, you can refuse to sign the document.

Assist rather than resist

Article 209 of the Social Penal Code imposes a level 4 penalty, i.e. a prison sentence of 6 months to 3 years and/ or a fine of EUR 4,800 to EUR 48,000, on anyone who impedes scrutiny by the social inspectorate.

The fine must always be multiplied by the number of employees involved.

The court may also impose an operating or professional ban or a company closure.

Our BOFIDI experts will be pleased to help you

If you would you like to know more, please don’t hesitate to contact us. Our experts will be delighted to help you.