Attendance registration in the cleaning sector is now compulsory

As 1 September 2024, a new mandatory attendance registration system has entered into force for cleaning and maintenance activities in Belgium. This measure, established under the Programme Act of 26 December 2022, aims to enhance workplace safety. In this article, we outline the key aspects of the new regulations, the scope of their application, and the obligations imposed on employers and contractors in the sector.

1. Background

In the Programme Act of 26 December 2022, it was established that from 1 January 2024, a mandatory system of attendance registration would need to be implemented for maintenance and/or cleaning activities involving real estate properties. While voluntary attendance registration has been available in the cleaning sector since that date, this requirement only became compulsory from 1 September 2024, following requests for postponement from social partners. The main aims of this measure are to enhance workplace safety and to combat undeclared work, exploitation, and bogus self-employment. Additionally, it reduces the administrative burden of reporting working hours for contractors and subcontractors.

2. Who must comply with the attendance registration obligation?

Previously, mandatory attendance registration was only required for construction sites where work on immovable property amounted to at least €500,000.00 (excluding VAT). However, since 1 September 2024, this obligation extends to all individuals involved in cleaning and/or maintenance activities that qualify as work on immovable property under Art. 19, §2, 2° VAT Code, regardless of the work’s value, and applies when the contractors are required to declare the work to the NSSO in accordance with Art. 30bis of the NSSO Act of 27 June 1969.

The following situations are exempt from this registration obligation:

• Public and private sector entities that maintain their premises using their own cleaning staff;
• Natural persons who engage cleaning services solely for private purposes;
• Service voucher companies, as their clients are natural persons using the cleaning services for private purposes only.

The most affected by this obligation will be employers falling under the scope of Joint Committee No. 121 for the cleaning sector, although the requirements are not limited exclusively to this Committee.

3. How does the electronic registration system work?

Employees, self-employed individuals, temporary workers, and trainees must register their attendance at the workplace using the NSSO’s electronic system (“checkinandout@work”) or another registration method that provides equivalent functionality and guarantees. Detailed instructions on how to register attendance are available on the NSSO’s website: Checkinandout@Work – Social Security.

The employer or client is responsible for informing all individuals involved about the registration process and ensuring that they check in at the start and check out at the end of their work. Employers cannot pre-register on behalf of their workers, but they can review registrations retrospectively to ensure compliance.

Employees are required to register their physical presence at work in real-time, meaning they must log their start and end times, as well as any breaks or changes in the workplace location.

A key benefit of this electronic registration system is the automatic recording of part-time workers’ hours, which are sent directly to the NSSO. As a result, employers are exempt from certain obligations for part-time workers, including:

• The need to retain part-time employment contract at the workplace (though they must still provide an electronic copy if requested by social inspection);
• The obligation to retain notifications of variable work schedules at the workplace;
• The use of electronic registration as a time-tracking system to monitor work performed outside of regular part-time hours.

4. What information needs to be registered?

The following information must be registered:

• The individual’s identification details and status (National Register and/or Limosa);
• The employer’s identification details (company number) or the natural or legal person on whose behalf a self-employed individual is working;
• Date and location of the workplace;
• Time of arrival, departure, and any breaks at the workplace.

5. What are the penalties for non-compliance?

A transition period from 1 September 2024 to 31 December 2024 has been introduced by the NSSO. During this period, the relevant inspection services will assist businesses in complying with the new regulations, and no fines will be imposed unless fraud is detected.

After this period, failure to comply with the registration requirements may result in various sanctions under the Social Criminal Code, depending on the severity of the violation. 

A level 1 sanction, with administrative fines ranging from €80 to €800, may be imposed on employees, employers, or (sub)contractors who fail to register their attendance when they arrive at a worksite. This includes failure to register the start and end of work activities, or any breaks, at the time they occur (Article 37, §1).

A level 3 sanction may be imposed on contractors, subcontractors, their representatives, or agents who violate Articles 24, 34-36 and 37, §2-4. This can lead to administrative fines between €800 and €8,000, or criminal fines ranging from €1,600 to €16,000. Such sanctions apply in cases where:

• The electronic attendance registration system is not used correctly;
• The system is not made available;
• The required information is not transmitted properly.

6. Source & More info

Source: Programmawet 26 december 2022, art. 22-49.

More info: Checkinandout@Work - Social Security