What the badge makes verifiable
A device designed for immediate verification. The documents must be available on site.
The social badge carries a code allowing the administration to access the data supplied in the posting declaration.
It must be produced on inspection and aims to simplify verification that the posting rules are observed.
Producing it therefore allows verification within moments that an employee has been declared.
An employee present without a badge is the most immediate sign of non-compliance, before any documentary check.
That is why the badge must be treated as a site document, available on site rather than kept at the office.
| Level of check | What is examined | Duration |
|---|---|---|
| Immediate check | Social badge and identity | A few minutes |
| Document check | Declarations and contracts | On site or on request |
| In-depth investigation | Working conditions and payments | After the inspection |
The three levels of checking
They follow on, from quickest to most searching. The inspections run from a document check to a full investigation.
The immediate level: the presence of badges and the identity of those on site.
The documentary level: the documents kept at the declared address, including their translations.
The administrative level: the regularity of the firm's position under establishment law and notification rules, according to the applicable regime.
These three levels may engage different obligations, and a firm in order on one may be in default on another.
What must be producible immediately
Three categories, on the site itself.
The social badges of the posted employees present.
The contact person's details, who must be reachable.
The address where documents are kept, disclosed in the declaration.
The documents themselves need not necessarily be on site, but they must be accessible at the declared address.
This distinction between immediate presence and accessibility is worth grasping, since it determines what to take and what to organise.
How to respond
Four points.
Have someone on site able to answer, which connects with the contact person requirement.
Produce the documents requested rather than explanations.
Flag an irregular situation immediately rather than letting it be discovered, voluntary regularisation generally being treated better.
Document how the inspection proceeded, notably the documents requested and supplied.
What inspections often reveal
Three frequent defects, all avoidable.
An un-updated declaration, accurate at the start but since become false.
Documents kept abroad, although a Luxembourg address was declared.
Missing translations, the originals being in neither French nor German.
None of these three reflects any intention to evade, but they are found objectively.
That is why preparation is worth more than good faith, which cannot be observed at an inspection.
What this means for a professional
Four rules.
Treat badges as site equipment, on a par with safety documents.
Check that declarations are up to date before each new phase of the work.
Make sure documents are genuinely accessible at the declared address.
Prepare translations in advance, they cannot be improvised.
This article reflects the rules at the date of checking and serves professional orientation. It does not constitute legal advice.