Article 21

homepage-img2

flagBelgium

Labour inspection

Article 21 delineates the powers of social inspectors to provide information and opinions, to issue warnings, to grant the infringer a term to comply with the regulations, to take measures as provided for in articles 23 to 49, to deliver a written notification as provided for in Articles 49/1 and 49/2 to the client, the contractors or the subcontractors, and to draw up pro justitia reports.

Link to full text

Text

Article 21. The discretionary power of the social inspectors.

Without prejudice to the right to requisition of the Public Prosecutor’s Office and of the examining judge as provided for in Articles 28ter, § 3, and 56, § 2 of the Code of Criminal Procedure, the social inspectors shall have a discretionary power:

1º to provide information and opinions, in particular regarding the most effective resources, on the one hand, for the compliance with the provisions of present Code, with the acts as provided for in Book II of present Code and with other acts the compliance therewith they are in charge of supervising, and, on the other hand, for the compliance with the provisions of the implementing decrees of present Code and of said acts, which they supervise;

2º to issue warnings;

3º to grant the infringer a term to comply with the regulations;

4º to take measures as provided for in Articles 23 to 49;

[*4º / 1 to deliver a written notification as provided for in Article 49/1 to the client, the contractors or the subcontractors as provided for in Article 25/1 of the Act of 12 April 1965 on the protection of the wages of employees;]*

[**4º / 2 to notify in writing, as provided for in article 49/2 of present Code, the contractors and clients stated in Article 35/9 to 35/11 of the Act of 12 April 1965 on the protection of the wages of employees;]**

5º to draw up pro justitia reports stating, on the one hand, the infringements of the provisions of present Code, of the acts as provided for in Book II of present Code and of other acts the compliance therewith they are in charge of supervising, and, on the other hand, the infringements of the pervious of the implementing decrees of present Code and of said acts.

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.