What is the attendance record?
| August 2022 |
As a measure to combat social fraud, it must be clear who is present at the workplace, at what time, for whom they are working and under what status (employee or self-employed). This also aims to improve the safety and health of workers and to fight against unfair competition.Therefore, from January 1, 2016, mandatory attendance registration was introduced for persons active in the workplace.
The registration system is threefold:
- A database managed by the government with the registered data;
- a recording device into which the data is entered and by which it is transmitted to the database; and
- A means of registration that allows the individual to register in the device.
For which individuals is Checkinatwork required?
A CIAW registration should be done for anyone who performs works in a slaughterhouse, a cutting workshop or in an enterprise of meat preparations and/or meat products:
- employees
- self-employed and their helpers
- posted workers and self-employed workers
Thus, there should also be a registration for:
- the business manager or his/her cooperating 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 a transporter is used
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). (subject, however).
- persons who merely supervise, give directives, distribute the work, etc., except where it concerns the preparation of the slaughter declaration.
- for drivers in the case of mere supply of raw materials and livestock (note that the receipt of these is subject).
- The supply and technical maintenance or repair of machinery.
Who is responsible for the Check in at work?
The responsibility for registration lies with both the person who sends someone out to work (client, contractor) or the employer, and the person who does the work (employee, self-employed). Both parties must agree who does the registration, and they can check whether the registration has been done.
The registration requirement applies to:
- the slaughterhouse
- the cutting plant
- the meat preparation and/or meat product preparation company that acts as a contractor or principal (and for this purpose must obtain an approval from the Federal Agency for the Safety of the Food Chain)
- any subcontractor
- foreign companies that are principals/contractors for works in Belgium.
Exception:
The establishments that have an approval 1.1.3. (farm slaughter) 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 recording system and compatible recording device available to the contractors on whom it relies, (i.e. provide, install and monitor the proper functioning of the recording device), unless it has been mutually agreed to use the alternative recording system. Each contractor on whom the principal (or its assimilated person) relies must again make it available to its subcontractors in the subcontracting chain, etc.
- Ensuring that data relating to his business is actually and correctly recorded and transmitted to the database.
- Take steps to ensure that his co-contractor actually and correctly records and transmits all data to the database.
- Ensuring that each worker who will enter the workplace on his behalf is registered, before entering it.
- If temporary workers are used, the obligation rests with the user and not with the temporary agency.
What dates are requested by the National 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 at the construction site (employee, self-employed, employer, representative of the principal or assimilated, etc.);
- The employer's identification information when the person doing the registration is an employee (name, address, legal form and company number);
- where the natural person has the status of a self-employed person, the identification data of the natural or legal person on whose behalf a work is carried out;
- The identification number of the notification of the works to the NSSO;
- The time of registration, being the time of the time stamp that NSSO places upon receipt of a formally valid attendance record,
How can you do attendance tracking?
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 function namely the scanning of QR codes with which you can 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 is no longer manipulable and that it can be sent securely.
If it concerns a global contract for works that are carried out randomly on different sites, there must be 1 declaration of works, with mention of the different sites in the description of the location of the works. If someone is de facto unable to do the attendance recording (e.g. badge forgotten) and there is no administrative staff present, a "back-up procedure" via another channel, e.g. a smartphone or desktop, may be provided. For a work carried out at night and therefore spread over 2 calendar days, attendance should be done for the first day.
Control and sanctions Check in at work
Social inspectors and inspectors of social security institutions may consult, exchange and use the data contained in the registration system within the framework of their mission. Any person who fails to register their presence immediately and on a daily basis may be fined between €60 and €600. The employer, contractor or principal in charge of the execution, the contractor or entrepreneur who does not comply with 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.
Connect with us!
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 send an email to marketing@all-connects.be
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