During a social inspection, an inspector has the right to access your professional premises, whether it is a construction site or a commercial building, at any time, without prior notice. You are required to open the doors and cooperate. The inspector can intervene during the day or night, as long as they present proof of legitimacy. If you refuse access, you risk a report for obstruction, a heavy fine, and potentially a ban on operating. However, it is a judge who decides the sanctions, not the inspector. Regarding private premises, the inspector can only enter with a warrant signed by an investigating judge.
The inspector can also question individuals present on site: you, your workers, subcontractors, etc. They can ask questions about social status, pay, working conditions, and even demand the presentation of identification or residence documents. The individuals questioned have the right to remain silent, as long as it does not hinder the inspection. If you are the employer, you may request to be present during the questioning of one of your workers, but the inspector is not obligated to accept.
At the end of the questioning, the inspector must write a report. It is advised to ask them to read it to you before signing, in order to add any remarks you may have. You can also request a copy of the report for your records. If the hearing concerns a serious social violation, you may be assisted by a lawyer.
In addition to questioning, the inspector can review and seize documents related to social obligations. This includes employment contracts, invoices, payroll data, or registration with the Crossroads Bank for Enterprises (CBE) or the National Social Security Office (ONSS). They can request documents in paper or digital format, and even take copies of them. These documents must comply with the current social legislation.
Our mission in the field of payroll management is to support you in recruiting new employees while ensuring compliance with their rights and obligations. We also strive to optimize the calculation of your compensation based on your personal needs as executives or shareholders.