General terms and conditions

1. These general terms and conditions have been drawn up in accordance with the Act of 24 July 1987 on temporary work, agency work and the posting of workers for the benefit of users, published in the Official Gazette 20 August 1987, including the applicable collective agreements of the NAR and of PC 322 agency work.

 2. The supply of temporary workers shall take place under the special conditions agreed at the time of the application and under the general terms and conditions set out below which form an integral part of the contract concluded between the user and the temporary employment agency and which have been drawn up in accordance with the Act of 24 July 1987. Any deviation from these general terms and conditions must be agreed in advance in writing.

3. In accordance with CLA 38 quater of 14 July 1999, the temporary employment agency may not treat candidates in a discriminatory manner. It is therefore only allowed to formulate job-relevant criteria in its application.

4. These general terms and conditions - and in particular Article 6 - also apply as soon as the user entrusts an application to the temporary employment agency and the temporary employment agency presents candidates to the user.

5. In case of premature dismissal: If, before the end of a minimum period of 135 worked days of posting, the user enters into an employment relationship with the temporary worker for the same or a different position without the intervention of the temporary employment agency, the user shall pay to the temporary employment agency, by way of compensation for damage suffered, an amount equal to 30% of the gross annual salary of the temporary worker concerned unless otherwise agreed on the order confirmation. The above-mentioned compensation is fixed on the basis of the mutual agreement between the user and the temporary employment agency that the damage suffered by the temporary employment agency is based, inter alia, on the costs that the user would have to spend on prospecting, selecting and screening an employee with the same qualifications as well as the lost profit of the temporary employment agency, without prejudice to the right of the temporary employment agency to prove that the damage suffered by it exceeds the above-mentioned compensation.  The user undertakes to inform the temporary employment agency in writing in advance of its intention to enter into an employment relationship with the temporary worker.

Shall be understood as entering into an employment relationship with the temporary worker :

The entering into an employment contract by the user with the temporary worker;
Having the temporary worker made available to the user by a third party (including another temporary employment agency);
Entering into a contracting agreement with the temporary worker or with a third party who has recruited the temporary worker for this purpose;
Entering into a training agreement with the temporary worker (including an IBO agreement);
Entering into an employment relationship by the temporary employee and a third party, where the user and such third party belong to the same group, are parent or subsidiary companies of each other, are affiliated or associated companies within the meaning of Article 11 of the Companies Code, have the same legally appointed or de facto directors, are established at the same address or have a branch at the same address.
Temporary worker means:

The temporary worker selected by the temporary employment agency who was made available to the user under a temporary employment contract;
The candidate temporary worker who was introduced to the user by the temporary employment agency. 
Shall mean annual salary of the temporary worker :

If the temporary employee has already worked for the user : the last applicable hourly wage x the average number of hours per week applicable in the user's sector x 4.33 x 13.92
If the candidate temporary worker has not yet worked for the user: the wage applicable at the user for the position concerned (with the user's PC scales as a minimum) x the average number of hours per week applicable in the user's sector x 4.33 x 13.92.
6. The user undertakes to communicate all necessary information at the start and during the term of the contract and, moreover, any change without delay and preferably in writing to the temporary employment agency. Without being exhaustive, this certainly applies in the following cases: regarding the reason for recourse to temporary employment and the presence or absence of a trade union delegation; regarding the remuneration conditions of permanent staff, including bonuses and various benefits that are customary in the user company, as well as the allocation modalities; regarding the activities, the work post, the required professional qualification, the result of the risk assessments, the medical supervision and the personal protective equipment; concerning possible situations of strike or lock-out or other forms of temporary unemployment, for which the user must inform the temporary employment agency in advance and within the legal deadlines; concerning a possible industrial accident; concerning the operation of Dimona, for which all information must be communicated before the start of the posting of the temporary worker; concerning the late presence or absence of the temporary workers; concerning weather conditions; concerning the non-renewal of an assignment. The user is solely liable for the consequences arising from the failure to provide this information (on time), insufficient information or incorrect information. All rectifications, late notifications and/or costs caused by this shall be charged to the user at the agreed coefficient. The user shall also indemnify the temporary employment agency against any claims from third parties as a result of failure to provide all necessary information correctly.

7. In cases where the temporary employment agency can apply for an exemption from payment of withholding tax on wages for temporary workers employed in shift work or night work (whereby the temporary workers receive a premium of 2% and 12% gross hourly wages respectively), the user must ensure that all provisions and conditions in accordance with Article 275/5§§1 and 2 of the CIR92 have been met.

At the first request of the temporary employment agency (during as well as after the end of the cooperation), the user must always present all necessary documents and proof that the conditions to obtain such exemption from paying payroll withholding tax are met. The following documents, among others, may be requested from the user: work regulations, work schedules, company collective agreements or sectoral collective agreements that provide for shift and night work, time registration systems, proof of payment of shift and night premiums, checkinatwork declarations, etc.

The user shall immediately notify the temporary employment agency if the provisions and conditions according to Article 275/5§§1 and 2 of the CIR92 are no longer met.

Should it turn out that the conditions for the application of the exemption from payment of withholding tax on wages were not met or the user did not immediately notify the temporary employment agency of changes as a result of which the conditions and provisions of art. 275/5&1 and 2 of the Income Tax Code are no longer met, the temporary employment agency may recover all damage or penalties from the user.

8. The user bears sole liability for the correct application of motives and deadlines for temporary work. Within the framework of these motives the user shall, in the cases provided for by law, provide the necessary authorisations and notifications in connection with the employment of temporary workers.

9. The temporary employment agency shall under no circumstances be liable for the consequences of the absence and/or late presence of its temporary employees.

10. The user cannot use the services of the temporary employment agency in the event of temporary unemployment, strike or lock-out in its company. In such cases, the user must inform the temporary employment agency immediately and in writing. The user cannot claim compensation for the compulsory withdrawal of the temporary workers in these cases.

11. Throughout the duration of the temporary worker's employment with the user, the user shall, in accordance with Article 19 of the Act of 24 July 1987, ensure the application of the provisions of the labour regulation and protection legislation in force at the place of employment. It follows that the user must treat temporary workers on the same footing as its permanent staff, including with regard to working time, reduction of working hours, compensation, breaks, public holidays, Sunday work, night work, welfare of the temporary worker at work, etc.

12. In accordance with Article 10 of the Act of 24 July 1987, temporary workers are entitled to the same gross salary, including indexations and conventional increases, premiums (including pension premiums), meal vouchers and other salary components as if they had been taken on by the user in permanent employment. Based on Article 6 of these general terms and conditions, the user must communicate these wage data to the temporary employment agency. The user is solely liable for the consequences arising from the failure to communicate this information (on time), incompletely or incorrectly. Irrespective of this information obligation, the user must always be responsible for any wage adjustments during or after the end of the posting, which will be passed on at the same coefficient as provided for in the cooperation agreement.

13. Temporary workers enjoy the same level of protection as the company's permanent employees in terms of occupational safety and hygiene.  Pursuant to Art. 2 of the Royal Decree of 19 February 1997 on the health and safety of temporary workers, the user is obliged to provide the temporary employment agency with a precise description of the required professional qualification and the specific characteristics of the job to be filled before the temporary worker is posted. In the cases envisaged, the user must complete the work post sheet and submit it to the temporary employment agency before the posting of the temporary worker. The temporary worker may only carry out the work as stated on the work post sheet or, if no work post sheet is required, as stated in the special commercial conditions (more specifically in the description of the work post). The user must notify the temporary employment agency of any change concerning the work post (including the range of tasks and location) immediately and at the latest within 4 hours.

In accordance with Article 5, 4° of RD 19 February 1997, the user bears the final responsibility for the provision of work clothing and personal protective equipment and for cleaning, repairing and maintaining them in their normal operational condition, even if a different commercial agreement on their provision has been concluded with the temporary employment agency.

14. The user bears the civil responsibility provided for in Article 1384 §3 of the Civil Code. It is therefore solely liable for any damage caused by the temporary worker to third parties. The provision of a "temporary employment clause" in the user's civil liability insurance is recommended.

The temporary employment agency is not liable for any damage caused by the temporary employee during and as a result of his/her employment with the user. Nor shall the temporary employment agency be liable in the event of damage, loss, theft or disappearance of equipment, money or goods entrusted to the temporary worker.  Nor shall the temporary employment agency be liable for any loans or advances in kind or cash granted by the user to the temporary worker.

The recovery of costs resulting from the use of the telephone for personal purposes, meals taken in the company restaurant, (un)permitted purchases, traffic fines, etc... will always take place without the mediation of the employment agency. The agency cannot be held liable for such expenses.

With regard to the selection, the liability of the employment agency can never be invoked if the user itself selects the candidate temporary workers.

15. If a temporary worker is involved in an accident at work, the user, having taken all the necessary urgent measures, shall immediately notify the temporary employment agency and provide all the necessary information for drawing up the accident statement, failing which the user shall be held liable for all possible damage caused by his default.

The user is exempted from this obligation on condition that there is a minor accident in the sense of article 1, 4° RD 12 March 2003 and insofar as the accident was recorded in the register of first aid interventions (as stipulated in article I.5-6, §3 of the Codex on well-being at work). In any case, even in the case of a minor accident at work, the employment agency should be notified immediately.

Moreover, in the event of a serious occupational accident, the user's prevention service will, in accordance with the Codex on Well-being at Work, draw up an accident report, supplemented by the user's own action plan, and submit that report to the employment agency within five days of the accident. After submission and possible supplementation by the employment agency, the user shall forward this report to the inspector of the administration "supervision of the legislation on well-being at work" within a maximum of 10 days after the accident.

16. The user is solely responsible for returning the signed client contract and (supervising) the return of the completed and signed performance statements. Failing this, the user shall not be able to invoke the failure to sign to the detriment of the temporary employment agency and the temporary employment agency shall invoice the user for the services actually performed by the temporary worker, the minimum being the contractually agreed services.

17. The signing of the periodic declarations constitutes an acknowledgement of the accuracy of the data appearing on them and of the satisfactory performance of the work by the temporary worker. The user shall not dispute the validity of the signature of its appointees or agents. In the case of automatic performance processing, the user always agrees to the performance data as transmitted to the employment agency by automated or electronic means, unless previously agreed in writing or otherwise. Only the user is liable in the event of errors in automated transmission.

18. Invoicing shall take place on the basis of the performances as stated on the performance statements or as transmitted electronically by the user, with a minimum of the hours requested by the user, except where fewer hours were performed due to the sole fault of the temporary employee and where the information obligation provided for in Article 6 of these terms and conditions has been fulfilled.

In the absence of performance statements forwarded by the user (either in writing and signed or electronically or automatically), invoicing shall be on the basis of the services actually performed by the temporary employee with a minimum of the hours/contract requested by the user.

All free hours and days granted and remunerated by the user to its permanent staff, such as extra-legal holidays, holiday days, bridging days, etc. to which the temporary employee is also entitled, shall also be regarded as performance and invoiced as such to the user.

Invoicing shall also include the other wage components provided for in Article 11 of these terms and conditions. Any wage correction to which the temporary worker is entitled during or after his employment with the user, regardless of the reason for the correction and regardless of any liability of either party, shall be invoiced to the user at the agreed coefficient.

For special services (such as overtime, work in shifts, at night, on Sundays and public holidays, etc.), the temporary worker shall be remunerated in accordance with the law and/or collective labour agreement applicable at the user's premises. The wage supplement and wage components to be paid shall be invoiced to the user at the same coefficient as applied to the basic pay of the temporary employee. Transport costs, public holidays, first full day of sickness, net premiums and pension contributions shall also be invoiced at the same coefficient unless otherwise agreed in writing.

DIMONA/E-costs will be charged to the user without applying the agreed coefficient.

The agreed coefficient and/or rate, as well as the cost items included in the agreement that determine the coefficients and/or rate, may be unilaterally increased by the agency in the event of:

An increase in direct or indirect patronage charges;
Any other possible objective factors that determine the actual wage cost or increase the temporary employment agency's operating costs;
additional charges imposed on the temporary employment agency by the government that were not foreseen when the agreement was concluded.

The rate shall also be unilaterally increased by the temporary employment agency in the event of an increase in the basic pay of the temporary employee pursuant to wage indexations and conventional wage increases applicable at the user.

Any legally granted subsidies, reductions in charges, exemptions, allowances, premiums, etc. are always set off against the agreed coefficient and consequently accrue solely to the temporary employment agency. The user cannot claim payment of such allowances as they are included in the agreed rate, regardless of the date of award or payment.

19. Temporary employment agency invoices are payable in cash on receipt, net, without discount, unless otherwise agreed in writing. If payment is not made on receipt of the invoice, the invoice amount will accrue interest of 12% per annum by operation of law and without prior notice of default. Furthermore, in the event of non-payment of the invoice by the due date, by operation of law and without prior notice of default, liquidated damages consisting of 12% on the invoice amounts due, with a minimum of 85.00 euros and a maximum of 5,000.00 euros will be payable. 

Any method of payment granted in writing shall lapse by operation of law and all invoices - including those not due - shall become immediately due and payable in the event of non-payment of a single invoice, as well as in the event of signs of doubtful solvency on the part of the user (e.g. NSSO summons, judicial reorganisation, etc.).

20. If the user does not comply with its legal obligations or these general terms and conditions, as well as in case of non-payment, the temporary employment agency has the right, without being liable for the payment of any damages, to consider the current contracts as dissolved and to immediately withdraw its temporary employees. 

21. All invoice protests must be sent to the temporary employment agency by registered letter within 14 days of the invoice date. No account will be taken of complaints transmitted outside this period or complaints that are not specifically justified.

22. The data provided by the user shall be included in the temporary employment agency's client file. As soon as the temporary employment agency provides services in connection with its assignment, the user agrees that his/her personal data may be used for administrative purposes (e.g. creation of a customer database, sending invoices, checking solvency, etc.). The temporary employment agency will treat the information obtained with due care and confidentiality and will make the necessary efforts to protect and secure the data obtained. The data provided by the user may be used with a view to carrying out information or promotional campaigns relating to the services offered by the temporary employment agency. The user's contact details may only be passed on to third parties for marketing purposes with the user's express consent.  The user can always request access, correction, deletion or transfer of his data free of charge and object to the use of the data for direct marketing.

23. In case of dispute and/or non-payment, only the courts of the district of West Flanders, department Kortrijk are competent. The agreement between the parties is governed by Belgian law.