Article 123

homepage-img2

flag Belgium

Criminal liability Health and safety Poor working conditions

Article 123 criminalises making employees work in dangerous or insalubrious conditions, and provides that a level-3 penalty shall be imposed on anyone who commits a violation of Law of May 5, 1888 regarding the inspection of dangerous, insalubrious or uncomfortable establishments. If the violation results in a work related illness, injury, or accident affecting a worker, it will be punished with a level-4 penalty (6 months to 3 years years’ imprisonment and a monetary fine). Furthermore, the judge shall order the penalties established in arts. 106 and 107.

Link to full text

Law / 6 June 2010 / Belgium / Social Criminal Code

The Belgian Social Criminal Code seeks to harmonise the social criminal sanctions and to simplify the range of criminal sanctions and administrative fines that may be imposed for offences related to employment and social security.

Often, in cases of human trafficking for labour exploitation, the employer is charged with a number of other labour offences in addition to human trafficking. This means that in cases where the criminal court cannot find enough evidence to convict for human trafficking, the employer may still be found guilty for several offences under the Social Criminal Code.

All violations and infringements are brought together in Book II of the Social Criminal Code in a thematic classification: violations against the person of the employee, violations relating to working time, violations in connection with other working conditions, illegal labour, unreported labour, violations in connection with social documents, violations against the industrial relations legislation, violations relating to inspection, violations against the social security legislation, violations involving forgery, the use of falsified documents, incorrect or incomplete declaration, and fraud in social criminal law.