Hospitality Industry Checklist

The Belgian Social Intelligence and Investigation Service (SIOD) has announced several industry flash checks for 2023. As it happens, the catering industry is next in line, with several checks carried out during the month of June.

The flash checks will mostly focus on compliance with social legislation, with a special focus on the authorized absence or legitimate absence, as well as COVID measures.

The below EasyOrder checklist is designed to help employers and employees in the HORECA sector conduct thorough self-inspections.

It covers various areas, including but not limited to, health and safety, employment contracts, working hours, wages, and social security.

By using our checklist, food and beverage businesses can proactively identify and rectify any potential compliance issues before they become major problems.

We will cover the powers of the inspecting authority, as well as documents and questions that should be answered or submitted during these checks.

Attention: the checklists are purely indicative and do not prevent the social inspector from asking for all the documents he needs for his investigation.

Powers of the social inspector

The social inspector has the authority to enter any workplace or suspected workplace at any time of the day or night, without prior notice.

Social inspectors are required to present their proof of identity.

However, they can only enter occupied premises with the written and prior consent of the person in actual possession of the premises or if they possess an "authorization to visit”.

The social inspector may request proof of identity, residence papers, and may check the identities (including national register number) of all employees, self-employed individuals, employers, and their appointees or agents. They may also inquire about the position and salary of employees.

The social inspector may conduct interviews with anyone they deem necessary while respecting the rights of the person being interrogated.

The social inspector has the authority to issue an official report for obstruction of supervision against employers, as well as their appointees or agents, who fail to provide immediate access to workplaces.

Questions and documents requested from the EMPLOYER

The below questions and documents can be asked by either the employer or the person in charge in case the employer is absent.

#1 Proof of registration with the KBO (Crossroads Bank for Enterprises).

#2 Proof of registration with the RSZ (National Social Security Office), including the employer's number.

#3 Proof of affiliation to a social insurance fund for the self-employed.

#4 DIMONA (Immediate Declaration of Employment):

• Ordinary DIMONA for full-time or part-time employees
• Special DIMONA for casual employees, flexi-job workers, and students
  

#5 Labor regulations for all work schedules:

• The social inspector may request printouts of electronically recorded performances.
  

#6 Employment contracts, with attachments:

• Written employment contracts for full-time employees
• Written employment contracts with work schedules for part-time employees
• Temporary employment contracts, with electronic versions for temporary workers to show via smartphone, laptop, or tablet
• Student agreements
  

#7 Deviation document or registration system for part-time workers, indicating changes in work schedule compared to the fixed or variable schedule.

#8 In case of temporary workers:

• Contract for temporary work between the user and temporary employment agency
• Employment contract for temporary workers between the temporary employment agency and temporary worker, which may be electronic with mention of the work schedule on the employee's laptop or smartphone. If not, the publication of work schedules is the responsibility of the user.
• No framework agreement is required for Flexi-jobs through a temporary employment agency. Mandatory statements of the framework agreement must be included in the temporary employment contract.

#9 For non-Belgian employees, the following documents may be requested:

• Labor cards, work permits, and residence permits for non-EU nationals.
• A1 form (proof of affiliation to foreign social insurance fund) for posted employees on temporary assignment in Belgium from another European country.
• Professional cards for non-EU national self-employed persons who are not exempt.
• Limosa (L1) form for foreign employers posting workers in Belgium, to be notified on www.limosa.be.
• Belgian users of seconded workers must verify this notification and report postings themselves on www.socialsecurity.be under "working in Belgium" if not present.

#10 Industrial accident insurance

#11 Occasional employees (also called “extras")

• They are employees who work for a maximum of 2 consecutive days with the same employer from the hospitality sector or through a temporary employment agency and are linked by a fixed-term employment contract or clearly defined work
• For DIMONA of casual employees, you can choose between day-declaration or hour-declaration.
• In an hourly declaration, you have to declare the start and end time of the services when filing the DIMONA declaration.
• In the case of day declaration - the assessment is calculated at a fixed daily wage (6 times the hourly flat rate).
• Employers must keep a record of working time arrangements. If it concerns a temporary worker for whom the temporary employment agency has made a daily declaration, the user shall make the necessary entries in its register.
• This register is certified and delivered by the Guarantee and Social Fund of the Horeca (www.horecanet.be).
• Use of casual labor: current limits in the catering industry:
• The quota for employers is now 200 days
• The quota for employees is now 50 days (to be checked at [email protected])

#12 Flexi-job employee:

• For more information, please visit the Social Security portal: www.socialsecurity.be . There you will find a leaflet with all the useful information.
• The following documents may be requested at the place of employment:
• The written framework agreement includes the description of the function and salary of the flexi-job employee.
• The specific flexi-job agreement for a fixed term or certain defined work - If the latter employment agreement is oral, a day-DIMONA declaration must be made that also states the beginning and end of the performance mentions.
• Records of flexi-job employees' performance are done:
• through an alternative time recording system or
• via Registered Cash System or
• via daily attendance registration with the NSSO
• Caution: If a flexi-job employee is found at the place of employment without registration of the beginning and end of the services, he is considered a full-time employee until proven otherwise. For more information: https://www.socialsecurity.be/site_nl/employer/applics/dimona_new/general/who.htm

Questions and documents requested from the EMPLOYEES

#1 Status as an employee (wage earner, self-employed, student, temporary worker...)

#2 Status as a socially insured person (unemployed, disabled, living wage...)

#3 Control cards for the unemployed:

• C3A (blue card): fully unemployed
• C3.2A (white sheet): temporarily unemployed
• C3D (white card): part-time worker with additional unemployment benefits
• C3C (yellow card): an exempt unemployed person
• Note: benefits must be indicated on the control card beforehand

#4 Incapacitated persons - National Institute for Sickness and Disability Insurance (INAMI)

#5 If an incapacitated worker is found at work, permission to resume work part-time (TDWH) issued by the advisory doctor will be requested. If the person resumes work part-time, they are subject to the same obligations as a part-time employee in terms of published work schedules and any derogation document.

In case of any breach or misconduct, an administrative inspection will be carried out one month after the flash check to ensure whether the infringements have been remedied.