Social criminal law is, by its very nature, a legal field that relies heavily on enforcement mechanisms, including both criminal and administrative sanctions.
However, the fine amounts set out in legislation are not automatically adjusted for inflation or rising prices. To ensure that fines retain their deterrent effect over time and continue to reflect general increases in price levels, Belgian criminal law uses a system of "additional tenths" (opdeciemen) (one additional tenth equals 10%). This mechanism increases fines by a predetermined percentage.
As of 1 February 2026, the additional tenths have increased from 70 (700%) to 90 (900%). In practice, this means that the fine amount stipulated in the relevant legal provision must now be multiplied by a factor of 10 (instead of the previous factor of 8).
The increased additional tenths apply to social law infringements committed on or after 1 February 2026.
For infringements committed before that date, the previous additional tenths (factor 8) remain applicable.
The following example illustrates the impact of this change.
Following a social inspection, it appears that a newly established employer failed to take out occupational accident insurance for its employees. Failure to obtain occupational accident insurance (without any fraudulent intent) may be sanctioned as a level 3 offence. Under the Belgian Social Criminal Code, a level 3 sanction consists of either a criminal fine ranging from EUR 200 to EUR 2,000, or an administrative fine ranging from EUR 100 to EUR 1,000.
As attentive readers will have noticed, these amounts must, as from 1 February 2026, be multiplied by the coefficient mentioned above (x10):
- Criminal fine ranging from EUR 2,000 to EUR 20,000;
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Administrative fine ranging from EUR 1,000 to EUR 10,000.
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Are you faced with a social criminal law sanction, an administrative fine or a social inspection? Astrea’s Employment Team has the expertise to assist and guide your business. Do not hesitate to contact us.