A 26-year-old man from Sprimont was sentenced in absentia on Wednesday to 12 months in prison and a fine of €177,600 by the Bruges criminal court for undeclared work.
As a labour supplier, he allowed a horticultural company in Harelbeke to circumvent the rules on seasonal work.
The seizure of a time clock during a check on 27 April 2018 at a nursery in Harelbeke led to the discovery of large-scale undeclared work: 37 Romanian seasonal workers were not always properly declared to social security.
According to the labour auditor, this was clearly a case of subcontracting. Casual workers in the horticultural sector are allowed to work 65 days per season at a reduced social security contribution rate. However, they must be hired on a permanent basis if they exceed this seasonal limit.
To circumvent this rule, the defendant subcontracted the workers concerned and sent them to work in Harelbeke. He invoiced the services at €16 per hour, but paid the workers €10 under the table. His service, based in Awans, turned out to be a front company.
The labour audit department recognised the involvement of both the defendant and the horticultural company. However, the company was not prosecuted because it made amends by regularising the situation: it paid €104,000 in salary arrears, €86,000 in social security contributions and €57,000 in fines.
The public prosecutor had requested a sentence of 12 months in prison and €182,400 in fines for the young entrepreneur. “Such financial arrangements lead to the bankruptcy of our social security,” the labour prosecutor stressed.
The defendant did not appear at his trial.
