Belgian Labour Inspection Campaigns. Occupational Health and Safety Undeclared work. ILO Skopje 2011

Similar documents
INDUSTRIAL SAFETY AND HEALTH ACT Act No. 4220, Jan. 13, 1990

Occupational Safety and Health Convention, C155, and its Protocol of 2002

STATUS OF LABOUR INSPECTORATE

EUROPEAN SOCIAL CHARTER THE GOVERNMENT OF RUSSIAN FEDERATION. Articles 3, 11, 12 and 14 for the period 01/01/ /12/2015

NATIONAL LABOUR INSPECTORATE AS A LIAISON OFFICE. NLI s role related to exchanging information on the terms of employment of posted employees

Milieu Ltd Institute of Occupational Medicine (IOM)

C174 Prevention of Major Industrial Accidents Convention, 1993

Working together for employment, employability and decent work

Committee of Senior Labour Inspectors. Annual Report

2. In addition the EFBWW and FIEC have also taken note of the various studies, commissioned by the European Commission in relation to the PWD.

PSI Forum & Federation Symposia. ILO Action towards prevention of occupational non-communicable diseases

Revision of the Posting of Workers Directive frequently asked questions

Health and Safety in Employment Act 1992

EU ENFORCEMENT DIRECTIVE ON POSTED WORKERS 2014/67/EU

Making our voice heard

INTERNATIONALLY RECOGNISED CORE LABOUR STANDARDS IN MACAO, S.A.R.

Occupational Health and Safety of Posted Workers in the EU Comparative Report

ACT No of 13 June 2006 on Transparency and Security in the Nuclear Field

United Nordic Code of Conduct

Working Conditions of Employees Posted to Estonia Act 1

HEALTH AND SAFETY IN EMPLOYMENT ACT 1992

Article 7. 1) Act No. 114/2012, Article 2.

Transnational Monitoring and Enforcement of Posted Work: The Case of Austria

Labour conditions and health and safety standards following the recent factory fires and building collapse in Bangladesh

ILO CONVENTION (NO. 81) CONCERNING LABOUR INSPECTION IN INDUSTRY AND COMMERCE

In search of cheap labour in Europe

Bill 1. Integrity in Public Contracts Act. Introduction

MUTUAL RECOGNITION AND THE EUROPEAN ARREST WARRANT

IMPORTANT INFORMATION CONCERNING STAND CONSTRUCTION

GAP MANAGEMENT ACCESS TO INFORMATION MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

Act of 16 February 2007 No. 09 relating to Ship Safety and Security (The Ship Safety and Security Act)

REPORT FORM MARITIME LABOUR CONVENTION, 2006, AS AMENDED (MLC, 2006)

C170 Chemicals Convention, 1990

Immigration process for foreign highly qualified Indian professionals benchmarked against the main economic powers in the EU and other major

Hot Work Permit Program

PRESENTATION TO THE PARLIAMENTARY PORTFOLIO COMMITTEE BY THE DEPARTMENT OF LABOUR

Immigration process for foreign highly qualified Brazilian professionals benchmarked against the main economic powers in the EU and other major

Could revising the posted workers directive improve social conditions?

Posted Workers Act (1146/1999; amendments up to 679/2015 included; repealed by 447/2016)

OVERQUALIFICATION as an indicator of labor market integration of highly educated immigrants: findings from the Labour Force Survey in Belgium

CODE OF PRACTICE FOR COMMUNITY- BASED CCTV SYSTEMS

Guideline for Foreign Shipbuilding Worker. Acceptance Program

(11 November 1996 to date) OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

Code of Conduct Greater Copenhagen Light Rail I/S

Council of the European Union Brussels, 9 March 2016 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

3. ECONOMIC ACTIVITY OF FOREIGNERS

C161 Occupational Health Services Convention, 1985

Industrial Relations Act 1996 No 17

Combating Trafficking in Persons (CTIPs) What Contractors Need to Know

LAW OF MONGOLIA ON SENDING LABOUR FORCE ABROAD AND RECEIVING LABOUR FORCE AND SPECIALISTS FROM ABROAD. April 12, 2001 Ulaanbaatar city

INTERNATIONAL LABOUR CONFERENCE

Hot Work Program. SUNY Canton. Purpose

CHAPTER I. 1. Applicable rules. Article 1

European Single Procurement Document (ESPD)

Template Commission pursuant to Section 11 BDSG

Posted workers in the EU: is a directive revision needed?

A GUIDE TO SERVING ON A STRATA COMMITTEE

Annex 1: Standard Contractual Clauses (processors)

PRO Hot Work

PRESS BRIEF ON THE 105 TH INTERNATIONAL LABOUR CONFERENCE HELD ON THE 30 TH MAY 11 TH JUNE 2016, IN GENEVA, SWITZERLAND.

Translation in English is for informative purposes only. Legally binding is text in Latvian.

STATUTORY INSTRUMENTS. S.I. No.?????????? of 2016

IDS Terms and Conditions Guide Effective: 10/21/2005 Page 1 of 7

STATUTORY INSTRUMENTS. S.I. No. 47 of 2018 EUROPEAN UNION (NON-AUTOMATIC WEIGHING INSTRUMENTS) REGULATIONS 2018

International Labour Convention Ratified by Guyana

Permit to Work Systems

Chapter June author: Michail Chalaris Hellenic Fire Corps, Greece

Terms & Conditions for Heathrow ID Pass Scheme (the Terms )

LAW ON PRODUCT SAFETY. (Directive 2001/95/EC)

Focus on Labour Exploitation (FLEX) written evidence to the Department for Business, Energy and Industrial Strategy

MULTILATERAL MEMORANDUM OF UNDERSTANDING CONCERNING CONSULTATION AND CO-OPERATION AND THE EXCHANGE OF INFORMATION (MMoU)

FITCHBURG LICENSE COMMISSION REGULATION - Taxi & Livery Services 165

Software Licence Agreement

SOCIAL IDENTITY CARDS

OCCUPATIONAL HEALTH AND SAFETY ACT NO. 85 OF 1993

Albania labour inspection audit Joint outcome on labour inspection

DECREE ON COLLECTIVE LABOUR AGREEMENTS

Adam Smith International Human Trafficking and Modern Slavery Policy

Annex to the Decision 28

EUCDA - EUCDW - UETDC

Danish Defence Acquisition and Logistics Organization CONTRACT. Concerning the acquisition of Rugged Biometric Identification Device

GENERAL TERMS AND CONDITIONS FOR REQUEST FOR BEST VALUE PROPOSALS (RFP) #852G002

Tanks: UK experience with improperly manufactured and wrongly certificated road tank vehicles

Master uncontrolled when printed

European Single Procurement Document (ESPD)

OCCUPATIONAL SAFETY AND HEALTH SAMOA

Forced labour Guidance note

License Agreement Invenso

Factories FACTORIES (LIFTING OPERATIONS AND LIFTING EQUIPMENT) REGULATIONS, 1999 Regulations made under s. 58.

[12] International Cooperation

Message from the Chairman

Copyright by Polski Rejestr Statków S.A., PRINCIPLES OF FACTORY PRODUCTION CONTROL /INFORMATION FOR ORGANIZATIONS/ GDAŃSK, AUGUST 2017

MANUFACTURING TECHNICAL INSTRUCTIONS - SAFETY. To provide instruction for the issue and control of permits authorizing Hot Work operations.

Administrative cooperation in France

AVK UK LIMITED CONDITIONS OF SALE OF GOODS FROM WEBSITE

Victims of human trafficking and Modern Slavery

Declaration from Hans Kjær Trading A/S

3M GENERAL PURCHASE TERMS AND CONDITIONS

CHAPTER I. Definitions

Brussels, 16 July 2007 (Case ) 1. Procedure

Transcription:

Belgian Labour Inspection Campaigns Occupational Health and Safety Undeclared work Karel Van Damme ILO Skopje 2011

I Occupational safety and health

European campaigns Bilbao Agency for safety and health at work 2010-2011: Maintenance 2008-2009: Risk Assessment 2007: Musculoskeletal disorders 2006: Youngsters 2005: Noise 2004: Construction sector 2003: Dangerous substances 2002: Stress 2001: Accident prevention 2000: Musculoskeletal disorders

Recent Belgian campaigns 15 September - 15 November 2011: Welding fumes June- September 2011: Safe and healthy maintenance January May 2011: Rental of working equipement for lifting persons 5 September - 15 November 2010: Carriage work ateliers April-August 2010: Public services as master builders February-March 2010: Woodworkers Novembre 2009 till January 2010: Garages September-November 2009: Contruction projects May-June 2009: temporary work February-March 2009: Vibration linked back pain

Campaigns on construction safety in common National Action Committee for Safety and Hygiëne in Construction Work and Labour Inspection October 2010 till June 2012: Silica dust September 2008 till December 2009: Finishing April 2007 till December 2008: Road works April 2006 till December 2007: Roof works

Stages of campaign Deciding Planning Procedure-Responsibilities Documents-Material Training Try out Execution Evaluation Reporting

II Undeclared work

A1 OWNER Manufacturing industry Core activity Cleaning services Security/ Surveillance Independent workers Construction (new building) B1 CONTRACTOR Company A Company B Company C Company D SUBCONTRACTOR C (masonry) SUBCONTRACTOR D (ellectrical instalation) SUBCONTRACTOR D (Roofs) Company B1 Company C1 Company B2 Company C1 Company D1 Subcontracting chain on a construction site Company C2

SUBCONTRACTOR C (masonry) Company C1 Company C2 A1 OWNER B1 CONTRACTOR SUBCONTRACTOR D (ellectrical instalation) Company D1 SUBCONTRACTOR D (Roofs) 47 workers on site owner: safety coordinator contractor: supervision team 10 bogus independent workers contracted by C1/ 8 bogus contracted by C2/ 2 by D 13 undeclared workers: 1 for C1, 2 for D2, 9 for D and 1 hired from an alleged independent worker rendering services to D1 4 immigrant workers with illegal residence (3 working for D and 1 for C1) 5 temporary workers placed by company ABC, which was contracted by B1 No workers representatives for OSH Company D1 not authorized to render services in construction From Joaquim Pintado-Nuñes

The crossroad bank of social security: http://www.ksz.fgov.be/en/cbss.htm (= the electronic database cross-link platform) LABOUR INSPECTION SOCIAL SECURITY OFFICE

LI TOOLS FOR REACHING THE TARGETS GENESIS (sharing information between several inspections) = a program open to four inspections. It includes two parts: a) The registry of the investigations: Each day, the services of social inspection transmit the information on the enquiries: opening or closing, identification of the investigation, incumbent, reason, etc and also the results of the survey. b) Enrichment: The program will automatically seek essential information for the processing of the investigation (= links to other databases). That avoids the inspector in making search in several databases apart. Information is presented in a format usable: Pdf, Excel, CSV, HTML Genesis gives also all the coordinates of the inspectors who can thus contact themselves (email, GMS, office ) The inspectors have the right to consult constantly the complete information in most data-processed databases of Social Security

GENESIS LI TOOLS FOR REACHING THE TARGETS

GENESIS LI TOOLS FOR REACHING THE TARGETS

LI TOOLS FOR REACHING THE TARGETS CROSSROAD BANK OF THE UNDERTAKINGS The official register of the companies (identification, administrator, history, addresses, type of activity ):

LI TOOLS FOR REACHING THE TARGETS NATIONAL REGISTER OF THE NATURAL PERSONS (CIVILIANS) identifies any Belgian or overseas person on the Belgian territory and contains information on the family structure, the history of the addresses.

LI TOOLS FOR REACHING THE TARGETS DMFA : The declaration of the wages to the social security. These statements are made in general by social secretariats of employers and are transmitted by a dataprocessed way to the social security system. DATABASE OF THE EMPLOYERS: contains all the employers STATEMENT OF THE SOCIAL RISKS: The statement of the accidents, of the periods of disease, the layoffs. The electronic statement in the system is not yet obligatory.

LI TOOLS FOR REACHING THE TARGETS DIMONA : This application program is related to the electronic register of the personnel. Each employer must compulsory register his new employees in the electronic register (centralized) before the beginning of the job. He must also indicate the coming out date. It is one of the most important databases as in most cases it replaces the former paper personnel register.

LIMOSA Mandatory declaration of all activities by foreign nationals in Belgium; Centralised record of all of the relevant information; Available for consultation by the relevant inspectorates; Statistical information on cross-border employment in Belgium; Simpler administrative procedures for foreign workers and self-employed persons; Coordinated flows of information between competent institutions in Belgium.

LI TOOLS FOR REACHING THE TARGETS LIMOSA : This program records information on the posting of the foreign workers and the self employed ones. It currently manages the movements of the workers in the framework of the posting inside the European Economic Union (Directive 96/71) but is extended to the workers of the whole world. Limosa is also extended to the aspects of the social security in the posting (E101/A1 file forms and application program of other international agreements). The overseas inspections can obtain accurate information on the workers posted by questioning their Belgian colleagues. Web site: http://www.limosa.be.

LIMOSA :

LI TOOLS FOR REACHING THE TARGETS DUC : Data bank of the building sites in the construction sector, with the identification of the companies on the building site, the persons in charge, the subcontractors, the number of workers, the nature of the building site and the foreseeable duration of the work OASIS : This particular program is only accessible to some inspectors. It is used to detect the suspicious behaviour. It crosses and analyses social and financial data (Dimona, Debt on the social security, unemployment VAT, amount of business ). It gives a list of companies which set off alarms and which have an abnormal behaviour, perhaps/possibly fraudulent. For example, it detects the corporations which have an amount of business in growth but which does not engage personnel and have an important level of registered temporary unemployment. One can suppose that those workers work without being declared in these companies and even cumulate wages and unemployment fees.

11

LIMOSA September 2011 Nederland Bulgarije AUTRES Polen Duit sland (Bondsrep.) Hongarije Slovaakse Republiek Portugal Nederland Frankrijk Roemenië Luxemburg (Groot- Hertogdom) Roemenië Polen Luxemburg (Groot - Hert ogdom) Port ugal Slovaakse Republiek Frankrijk Duitsland (Bondsrep.) Hongarije Bulgarije AUTRES

LIMOSA evolution notifications Total number of notified employees Trainees Selfemployed Selfemployed trainee 2007 (1 apr 31 dec) 158.226 144.898 12.392 808 128 2008 224.905 203.867 19.896 1.038 104 2009 217.115 194.550 21.575 859 131 2010 260.595 229.251 30.436 799 109 2011 (janjuni) 162.999 138.597 23.897 426 79

(mandatory) SOCIAL DOCUMENTS to be kept by employers Keeping up social documents by the employer is a condition sine qua non for efficient LI enquiries. It responds to multiple purposes: 1. it mentions for the worker all useful information about labour time, working conditions, contractual status, and salary 2. it holds information collectable by the LI which is essential for his enquiries 3. it is also an instrument for fighting social fraud.

(mandatory) SOCIAL DOCUMENTS in Belgium 1. The register of the personnel 2. The work rules and the work rosters 3. The documents concerning part-time work 4. The payslip, individual account on the payment of the wages

OA OD YH Social dialogue at all levels Unempl Government CEC SI Child PENS NLC HCPPW CITIZENS JC JC JC JC JC Ent JSubC Enterprise Ent