Job recording
Checkinatwork: responsibilities and penalties
The responsibilities are laid down in legal provisions. The infringements/shortcomings with respect to these responsibilities are also defined in the above provisions. The infringements must be determined by the competent inspection services. These findings are then forwarded to the authorities that are competent to apply penalties and/or request the imposition of penalties. Below we give an overview of these responsibilities, the legal basis and the minimum and maximum amounts of the applicable penalties. All of this depends on the role played by the company.
A Level 1 penalty is imposed on all persons (employee or other person obliged to record his or her attendance) who, in breach of Article 31e, §1 of the aforementioned Act of 4 August 1996, is present at a construction site but fails to record his or her attendance at this site immediately and on a daily basis.
| Client | Penalty | Infringement with respect to the responsibility of the declaring contractor/construction site management in charge of the execution of the works | Infringement with respect to the responsibility of the declaring contractor/construction site management in charge of the execution of the works as an employer |
| Declaring contractor/construction site management in charge of the execution of the works | Criminal-law penalty of 600 - 6000 euros
Administrative penalty of 300 - 3000 euros |
Article 31b: Failure to record attendance
Article 31c, §1, paragraph 1: The failure of the declaring contractor/construction site management to provide the contractors engaged with an attendance recording system, unless it has been mutually agreed that the contractor will use a different recording method. Article 31c, §2: If the attendance recording is done via a recording device at the construction site and the declaring contractor/construction site management fails to provide and install the recording device and ensure its proper functioning at the construction site. If the attendance recording takes place at a different location and the declaring contractor/construction site management fails to take the necessary measures to ensure that this recording offers the same guarantees as the recording that takes place at the construction site. Article 31e, §3: The contractor has failed to take the necessary measures to ensure that the ‘remote’ attendance recording effectively takes place and that this offers the same guarantees as a recording that takes place at the construction site. Article 31e, §2, paragraphs 2 and 3: The contractor that engages a self-employed person but does not provide this person with a recording device which is compatible with the recording device used at the construction site. The King shall determine, based on the advice of the Commission for the Protection of Privacy and by decree laid down after discussion with the cabinet, the party responsible for providing the recording device for the other persons. Article 31d: Any contractor that engages a subcontractor but fails to take any measures to ensure that its contracting partner effectively and correctly records all the data and forwards these to the database. Any contractor that fails to ensure that the attendance of every person is recorded before he or she enters the construction site under its instructions. |
Article 31d: Any contractor that fails to ensure that the data referred to in Article 31b, §2, paragraph 1 relating to its company are effectively and correctly recorded and forwarded to the database.
Article 31e, §2, paragraphs 1 and 3: Any contractor that has not provided its employees with a recording device which is compatible with the recording device used at the construction site or has not provided a recording device for the other persons in line with its responsibilities towards these persons. Article 31e, §3: Any contractor that has failed to take the necessary measures to ensure that the ‘remote’ attendance recording effectively takes place and that this offers the same guarantees as a recording that takes place at the construction site. |
| Infringement with respect to the responsibility of a contractor/subcontractor | Infringement with respect to the responsibility of a contractor/subcontractor acting as an employer | ||
| Contractor
Subcontractor |
Criminal-law penalty of 600 - 6000 euros
Administrative penalty of 300 - 3000 euros |
Article 31b: Failure to record attendance
Article 31c, §1, paragraphs 2 and 4: The subcontractor has not used the recording system made available to it by the contractor-declarant (30a) in charge of the execution of the works, the contractor, the subcontractor or the sub-subcontractor with whom it has entered into an agreement or the subcontractor has failed to apply the recording method referred to in Article 31b, §1, paragraphs 1 and 2. Article 31c, §2: If the attendance recording is done via a recording device at the construction site and the subcontractor has failed to provide and install the recording device and ensure its proper functioning at the construction site. If the attendance recording takes place at a different location and it has failed to take the necessary measures to ensure this recording offers the same guarantees as the recording that takes place at the construction site. Article 31e, §2, paragraphs 2 and 3: The subcontractor that engages a self-employed person but does not provide this person with a recording device which is compatible with the recording device used at the construction site. The King shall determine, based on the advice of the Commission for the Protection of Privacy and by decree laid down after discussion with the cabinet, the party responsible for providing the recording device for the other persons. Article 31e, §3: The subcontractor has failed to take the necessary measures to ensure that the ‘remote’ attendance recording effectively takes place and that this offers the same guarantees as a recording that takes place at the construction site. Article 31d: Any subcontractor that engages a subcontractor and fails to take any measures to ensure that its contracting partner effectively and correctly records all the data and forwards these to the database. Any subcontractor that fails to ensure that the attendance of every person is recorded before he or she enters the construction site under its instructions. |
Article 31d: Any subcontractor that fails to ensure that the data referred to in Article 31b, §2, paragraph 1 relating to its company are effectively and correctly recorded and forwarded to the database.
Article 31e, §2, 1st and 3rd paragraphs: The subcontractor has not provided its employees with a recording device which is compatible with the recording device used at the construction site or has not provided a recording device for the other persons in line with its responsibilities towards these persons. Article 31e, §3: The subcontractor has failed to take the necessary measures to ensure that the ‘remote’ attendance recording effectively takes place and that this offers the same guarantees as a recording that takes place at the construction site. |
| Infringement with respect to the responsibility of an employee | |||
| Employees | Administrative penalty of 60 - 600 euros | A Level 1 penalty is imposed on all persons (employee or other person obliged to record his or her attendance) who, in breach of Article 31e, §1 of the aforementioned Act of 4 August 1996, is present at a construction site but fails to record his or her attendance at this site immediately and on a daily basis. | |
Also read:
- Legislation concerning Checkinatwork
- Worksite Notification
- Underlying reason for attendance recording?
- Checkinatwork: The ideal tool for monitoring your manpower planning
- Leave planning? Make things easy for yourself
- Attendance recording in the construction sector: Articles 1 and 2
- Attendance management
