Undocumented workers
Go to the court
Making a civil claim
If after inspecting the workplace, the inspection considers the matter serious enough, the inspector can write an official report (called a ‘PV’) and give it to the court. The court decides whether your boss has to appear before the judge. If your boss has to appear before the judge and he is condemned, he will probably have to pay fines and taxes. In serious cases, your boss may also go to prison. The money that he must pay goes to the state. If you want to claim compensation or back pay, you have to ask this separately from the judge: you have to make a civil claim. That means you have to give your name. It is best to seek professional legal help.
You start a lawsuit against your employer yourself
If the court does not take your employer to labour court after your complaint, you can sue him yourelf. You must certainly have enough evidence. You definitely need professional legal help (through a union or a lawyer).
If you go to the court too long after the facts, the judge is no longer allowed to pass a verdict. The sooner you act the better. Currently courts in Belgium work very slowly, though. A court case can easily take a few years.
If you are unsure about the risks of certain steps, ask for advice from a counsellor, a friend who does have a residence permit, your union,... They can ask for information without passing on your name. Be as honest and complete as possible when speaking to the people you ask for help. They can only help you if you are honest with them.
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