The statement of work (déclaration des travaux) is related to the registry of the attendance in the workplace. It allows the competent organ of the Social Security Service to control if the check in at work is being carried out properly and vice versa, check in at work provides the government with the information on all workers active on the Belgian territory.
1. How the statement of work and check in at work helps the Social Security Services to carry out the controls ?
The statement of work (déclaration des travaux) is related to the registry of the attendance in the workplace. It allows the competent organ of the Social Security Service to control if the check in at work is being carried out properly and vice versa, check in at work allows to control if the statement of work is correctly done.
The employer must make direct payments to ensure social security for workers. The declaration of work (déclaration des travaux) enables the National Social Security Office (Social Security) to trigger the mechanism of joint liability for company debts if no deduction is made.
Thanks to the statement of work (déclaration des travaux), the Social Security Office can control if a record of attendance in the workplace must take place and who is responsible for this record.
2. How the system of registration of the presence in the workplace functions?
It is necessary to distinguish the statement of work carried out by the middle of “déclaration des travaux” and the system of registration of the presence in the work which should be done by the means of “check in at work”.
Both statements are interconnected but not the same. What makes the declaration of work is to declare the site where the construction occurs.
The statement of work (“déclaration des travaux”) should not be renewed because basically what it declares is the contractual relationship that refers to a specific geographical site where construction work is carried out. But on certain occasions this statement should be modified.
The declaration must be made by the contractor stating to whom the project owner has appealed, which company will do the construction.
If an important change in the contractual relationship between the parties takes place, or a new contract is signed, then it is necessary to modify the previous statement (“déclaration des travaux”).
As for “check in at work”, it is a statement that forms part of the registration of the presence in the workplace. Via “Check in at work”, employers and contractors who perform construction works declare which workers are present in some workplaces.
Apart of this statement, there is an obligation to have a system detecting the presence at work. So every day the registration should be made, controlling which workers are present this day in the work. “Check in at work” is a registration of attendance of persons that perform construction work. Anyone who performs construction work on a workplace must be registered.
The responsibility for registration rests on both the person sending someone to work and on the person performing work. It is important to remember that each declaring entrepreneur is responsible for organising and registering attendance in the subcontracting chain concerned. All are required to register immediately and daily their presence on the site before starting their work. The daily recording is produced by a recording apparatus present on the workplace.
The statement (“declaration des travaux”) is mandatory for works and services described in the Royal Decree of 7 November 1983 establishing the joint commission for surveillance. The statement is mandatory for certain meat sector activities and also for some construction projects.
