Amendments to the Social Criminal Code

The law amending the social criminal law has been published in the Belgian Official Gazette of this 21 June 2024.

We are happy to provide a schematic overview of the new provisions below. 

Increase in fines for most serious offences

The law provides for an increase in fines for offences sanctioned by the Social Criminal Code with a sanction level 3 or 4. As such, the  law doubles level 3 correctional and administrative fines and increases the maximum amount of level 4 fines.

In the table below, we provide an overview of the amounts of the correctional and administrative fines at levels 1 to 4 before and after the changes to the Social Criminal Code (the changes have been highlighted in colour): 

Increasing the sanction level

For some offences, the new law imposes a sanction of a higher level than is currently the case.

For example: non-payment of wages: sanction level 2 → sanction level 3  

Reduction in the sanction level

For some other offences, the law imposes a sanction of a lower level than is currently the case.

For example: failure to keep a copy of the part-time employment contract or an extract thereof at the place where the work regulations can be accessed: sanction level 3 → sanction level 2.

Introduction of new social offences

The new law also adds some new offences to the Social Criminal Code.

For example:

• Non-compliance with obligations on flexible timetables (sanction level 2).
• The failure to grant eco-cheques (on time) (sanction level 2).

Lifting the criminality of some offences

Some conduct will no longer even be punished by the law.

For example: Not using the proceeds of disciplinary fines for the benefit of employees.

Other novelties in a nutshell

The law includes other new items, such as: 

• An 'intentional act' may be considered to be an aggravating factor by judges that justifies harsher penalties, and/or influences the choice of special criminal sanctions;

• The introduction of a new sanction that can be imposed for level 3 and 4 offences, notably the exclusion from the right to tender for public contracts or to obtain concessions;

• The introduction of a legal definition of 'social dumping' as a phenomenon to be tackled in the context of the policy against illegal employment and social fraud: "a wide range of deliberate abusive practices and the circumvention of existing European and/or national legislation, including laws and generally applicable collective agreements, that enable unfair competition by illegally minimising labour and operating costs, and result in the violation of workers' rights and exploitation."

Entry into force?

Most provisions will enter into force 10 days after publication of the law in the Belgian Official Gazette, i.e. on 1st July 2024. However, a specific timing has been determined for some provisions. As such, some provisions come into force on a specific date to be specified by the King (subject to deadlines).