What is attendance registration?
| August 2022 |.
As a measure to combat social fraud, it must be clear who is present at the workplace, at what time, for whom work is being done and under what status (employee or self-employed). This also aims to improve the health and safety of workers and to fight against unfair competition.Therefore, from January 1, 2016, a mandatory attendance registration was introduced for persons active in the workplace.
The registration system is threefold:
- a database managed by the government with the recorded data;
- A recording device into which the data are entered and through which they are transmitted to the database; and
- A means of registration that allows the individual to register in the device.
For which individuals is Checkinatwork mandatory?
A CIAW registration should be done for anyone who performs work in a slaughterhouse, cutting workshop or in an enterprise of meat preparations and/or meat products:
- employees
- self-employed persons and their helpers
- posted workers and self-employed workers
Thus, there should also be registration for:
- the business manager or his/her assisting partner
- the drivers in case of distribution (e.g. to customers) and/or reception of raw materials (helping to unload the live animals and washing and disinfecting the livestock trucks and crates), when this is done with their own means of transport, or when using a transporter
Exceptions where registration is not required:
- visitors
- administrative employees, unless they perform exceptional work on the shop floor, (e.g. quality manager, lab,...)provided that the work in question falls within the scope (art. 30ter). (well subject).
- persons who merely supervise, give guidelines, distribute the work, etc., except if it involves preparing the slaughter declaration.
- for drivers i.e. mere supply of raw materials and live cattle (note their receipt is subject).
- The supply and technical maintenance or repair of machinery.
Who is responsible for Check in at work?
The responsibility for registration lies both with the person sending someone out to work (client, contractor) or the employer, and with the person doing the work (employee, self-employed). Both parties must mutually agree who does the registration, and they can verify that the registration is done.
The registration requirement applies to:
- the slaughterhouse
- the carving shop
- the meat preparation and/or meat product preparation company that acts as a contractor or principal (and for this purpose must obtain approval from the Federal Agency for the Safety of the Food Chain)
- each subcontractor
- foreign companies that are principals/contractors for works in Belgium.
Exception:
Establishments that have an approval 1.1.3. (slaughter on farms) do not have to comply with this obligation. This exception will be evaluated one year after the entry into force of this law.
What are the responsibilities?
- The principal (or its assimilated person) must make the registration system and compatible registration device available to the contractors it calls upon, (i.e. supply, place and supervise the proper functioning of the registration device), unless it was mutually agreed to use the alternative registration system. Any contractor on whom the principal (or its equivalent) relies shall again make it available to its subcontractors in the subcontracting chain, etc.
- Ensuring that data pertaining to its business is actually and correctly recorded and transmitted to the database.
- Take measures to ensure that its co-contractor actually and correctly records and transmits all data to the database.
- Ensuring that each employee who will enter the workplace on his behalf is registered before entering it.
- If agency workers are used, the obligation rests with the user and not with the agency.
What dates are requested by the Social Security Administration?
- the identification data of the natural person (surname, first name, nationality, date of birth and national register number or L1 receipt number for foreign workers (self-employed or employee));
- the address or geographical description or coordinates of the location of the construction site;
- the capacity in which the natural person performs services on the construction site (employee, self-employed, employer, representative of the principal or assimilated, etc.);
- employer identification information when the person making the registration is an employee (name, address, legal form and company number);
- where the natural person has self-employed status, the identification data of the natural or legal person on whose behalf a work is performed;
- The identification number of the notification of the works to the NSSO;
- the time of registration, being the time of the time stamp placed by NSSO upon receipt of a formally valid attendance record,
How can you do attendance registration?
To make the mandatory registration as smooth as possible, it is best to work with a time clock at the entrance of the workshop or via a mobile app on the smartphone. There is a specific feature namely scanning QR codes that allows you to quickly register someone:
- via the QR code on the limosa declaration L1 (for foreign workers)
- via the All-Connects QR code generator (for Belgian employees of Belgian companies)
Important here is that the data sent can no longer be manipulated and can be sent securely.
If it is a global contract for works carried out randomly on different sites, there must be 1 declaration of works, indicating the different sites in the description of the location of the works. If someone cannot de facto do the attendance registration (e.g. forgot badge) and there is no administrative staff present, a "backup procedure" can possibly be provided through another channel, for example a smartphone or desktop. For a work performed at night and therefore spread over 2 calendar days, attendance should be done for the first day.
Control and sanctions Check in at work
The social inspectors and the inspectors of the social security institutions may consult, exchange and use the data recorded in the registration system within the framework of their mission. Any person who fails to record his presence immediately and on a daily basis may be subject to a fine of €60 to €600. The employer, contractor or principal in charge of performance, the contractor or entrepreneur who fails to fulfill his obligations can be fined from 600 to 6,000 € criminally, or 300 to 3,000 € administratively. The fine is multiplied by the number of persons for whom the violation was committed.
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Do you have any questions after reading this blog, or are you interested in a Checkinatwork solution for your business? Then contact us directly by phone 03 289 55 35, or contact us online below for more info.
