1) These general terms and conditions have been drawn up in accordance with the Act of 24.07.87, published in the Official Gazette of 20.O8.87 concerning temporary employment, temporary employment and the provision of employees for the benefit of users, including the applicable being collective agreements of the NAR and of PC 322 temporary agency work.
2) The provision of temporary workers takes place under the special conditions agreed upon with the order 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 law of 24 July 1987 Any deviation from these general terms and conditions must be agreed in writing.
3) The user is solely responsible for the information he provides for the preparation of the agreement and, in the cases specified by law, for obtaining the required permits. The user furthermore undertakes to comply with the regulations of the Royal Decree no. 225 of 15 December 1983 in connection with overtime. Absolute @ work BVBA / Absolute @ construct BVBA is responsible for the user as it is only a posteriori of the actual performance being notified after the completion of the completed work. The user must pass on the DIMONA data to Absolute @ work BVBA / Absolute @ construct BVBA before the start of each broadcast performance.
4) In accordance with the CAO 38 quater of 14/07/1999, the employment agency may not treat the candidates in a discriminatory manner; consequently, it is only allowed for the user to formulate function-relevant criteria in his application.
5) 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 proposes candidates to the user.
6) In the event of premature resignation: If the user enters into an employment relationship with the temporary worker for the same or another job before the end of a minimum period of 125 working days, without the intermediary of the temporary employment agency, the user shall submit to the temporary employment agency, method of compensation for damage suffered, pay an amount equal to 35% of the gross annual salary of the temporary staff member concerned unless otherwise agreed on the order confirmation. This fee is payable in cash. In the absence of a valid offer or contract, the minimum term of full-time posting is 6 months, pro rata to be extended in case of part-time employment.
The abovementioned compensation is fixed on a flat-rate basis on the basis of the mutual agreement between the user and the employment agency that the loss suffered by the employment agency, including the costs that the user would have to spend on prospecting, selection and
screening of an employee with the same qualifications as well as lost profits, consistent with this, without prejudice to the right of the employment agency to prove that the damage suffered by him exceeds the above-mentioned compensation. The user shall also owe this compensation if the temporary employee enters into an employment relationship with the user after the termination of the employment, and this in so far as between the first day of posting and the first day of the employment relationship with the temporary employee, no more than 125 working days worked. have passed. The user undertakes to inform the temporary employment agency in advance of his intention to enter into an employment relationship with the temporary agency worker.
Is meant by entering into an employment relationship with the temporary employee:
- The conclusion of an employment contract by the user with the temporary agency worker
- Making the temporary employee available to the user by a third party (including another temporary employment agency)
- Entering into a contract of employment with the temporary agency worker or with a third party who has recruited the temporary worker for this purpose
- The conclusion of a training contract in which the temporary worker is trained in the user's company (including an IBO contract)
- The entering into an employment relationship by the temporary agency worker and a third party, whereby the user and that third party belong to the same group, parent company or subsidiary are of each other or affiliated or associated companies, in accordance with Title II, Chapter II of the Company Code.
The term 'temporary worker' means:
- The temporary worker selected by the temporary employment agency who was made available to the user with an employment contract for temporary agency work
- The candidate temporary worker who was presented to the user by the temporary employment agency
- Is meant by the annual salary of the temporary agency worker:
- If the temporary agency worker has already worked: the last applicable hourly wage x the average number of hours per week in the sector of the user x 4.33 x 13.92
- If the candidate temporary worker has not yet worked: the wage applicable to the user for the job in question (with the minimum wages of the PC of the user) x the average number of hours per week x 4 in the sector of the user x 4 , 33 x 13.92.
7) In case of unilateral termination of the contract, without premature resignation: On the basis of article 1226 et seq. Of the Civil Code, the user who unilaterally and prematurely terminates the contract with the employment agency will make a lump sum pay compensation equal to the sum of the invoices that the temporary employment agency would have prepared if the contract was fully implemented, with a minimum of 125 euros per calendar day. In the event of non-compliance by the user with the legal obligations imposed on him or in case of incorrect information provided by the user at the conclusion of the agreement, which entail the nullity or inability to execute the agreement, the the user is liable to pay compensation equal to the compensation compensation stipulated in Article 6 if less than 125 working days of working hours have passed and beyond the sum of the invoices that the temporary employment agency would have made if the agreement had been fully executed, with a minimum of 125 euros per calendar day. . However, the temporary employment agency reserves the right to demand higher compensation on condition that it can prove the extent of the damage.
8) The user undertakes to communicate all necessary information immediately and preferably in writing to the temporary employment agency at the start and during the term of the contract. Without being exhaustive, this is certainly the case in the following cases: regarding the reason for recourse to temporary agency work and the presence or absence of a trade union delegation; regarding the remuneration conditions of permanent staff, including premiums and various benefits customary in the business of the user, as well as the award modalities; concerning the activities, the work post, the required professional qualification, the result of the risk assessments, the medical supervision and the personal protective equipment; regarding possible situations of strike or lock-out or other forms of temporary unemployment, in which the user must inform the temporary employment agency beforehand and within statutory periods; regarding a possible industrial accident; regarding the operation of Dimona, for which all information must have been passed on before the start of the temporary worker's availability; regarding the late attendance or the absence of the temporary workers, concerning leave of absence due to weatherconditions; regarding the non-renewal of an assignment. The user is solely responsible for the consequences resulting from not (timely), insufficiently or incorrectly transmitting this information. All rectifications, late reports and / or costs caused by this result in additional invoicing to the user.
9) The user bears the responsibility for the correct use of motives and deadlines for temporary agency work; in the context of these motives, he ensures, in the cases provided for by law, the necessary authorizations and notices regarding the employment of temporary workers.
10) The employment agency is in no way liable for the consequences of the absence and / or the late attendance of its temporary staff.
11) The user can not rely on the services of the employment agency in case of temporary unemployment, strike or lock-out in his company. In such cases, the user must inform the employment agency immediately and in writing. The compulsory withdrawal of temporary staff in these cases does not give rise to the payment of compensation by the temporary employment agency to the user.
12) During the entire duration of the employment of the temporary agency worker with the user, he, in accordance with Article 19 of the law of 24 July 1987, is responsible for the application of the provisions of the legislation concerning the regulation and protection of labor which are in place. of employment. From this it follows that the user must treat the temporary agency workers on the same basis as his permanent staff, for example with regard to working hours, reduction of working hours, compensations, breaks, public holidays, Sunday work, night work, well-being of the temporary worker at work, etc.
13) Pursuant to Article 10 of the Act of 24/07/1987, temporary agency workers are entitled to the same gross salary, including indexations and conventional increases, premiums (with the exception of pension premiums), luncheon vouchers and other salary components as if they were taken on permanent duty by the user. On the basis of Article 8 of these general terms and conditions, the user must communicate this salary data to the temporary employment agency. The user is solely responsible for the consequences resulting from not (timely), incomplete or incorrect transmission of this information. All rectifications and costs caused by this result in additional invoicing to the user.
14) The temporary agency worker enjoys the same level of protection as all other employees of the company with regard to occupational safety and hygiene.
In accordance with art. 2 of the Royal Decree of 19/02/1997 concerning the health and safety of temporary employees, the user is obliged to provide a precise description of the required professional qualification and the specific characteristics of the temporary worker to make available to the temporary employment agency. take labor mail. In addition, the result of the risk analysis must be included in a workstation post that must be sent before the start of the assignment, signed by the responsible party. The user undertakes not to impose any other tasks on the temporary worker who is made available to him than the one he had provided for the application. Unless expressly agreed in advance by the employment agency:
- confirming the user forbidden temporary workers with an assignment that is different from the one for which he was made available; in particular, he may not allow him to carry out any manipulation of machines, appliances, vehicles, goods, transport or treatment of values or cash for collection, which they may be;
- the temporary agency worker may only perform normal work, with the exclusion of all work protected by special regulations, ie unhealthy or dangerous work. . As soon as the height is worked, stricter precautions should be provided by the customer; ie appropriate preventive measures, training, risk analysis, ...
The user bears (in accordance with article 5, 4 ° of RD 19/02/1997) the ultimate responsibility for the provision of work clothing and the personal protective equipment, as well as for the cleaning, repair and maintenance in its normal state of use, even if a different commercial agreement about the delivery of this with the temporary employment agency was concluded.
15) The user bears the civil responsibility provided for in article 1384 §3 of the Dutch Civil Code. He alone is therefore responsible for all the damage caused by the temporary agency worker.
The provision of a 'temporary employment clause' in the civil liability of the user is recommended.
The employment agency is also not liable for the damage that the temporary agency worker suffers during and following his employment with the user. The employment agency's liability is also not involved in the event of damage, loss, theft or disappearance of material, money or goods entrusted to the temporary agency worker. In regards to the selection, the temporary employment agency's liability can never be invoked if the user himself carries out the selection of the candidate temporary workers.
The temporary employment agency is also not liable for the loans or advances in kind or spies possibly granted by the user to the temporary agency worker.
The collection of the costs resulting from the use of the telephone for personal purposes, meals used in the mess, lawful purchases etc ... will take place without the mediation of the temporary employment agency.
16) In the case of an accident at work of a temporary agency worker, the user will immediately notify the temporary employment agency after having taken all the necessary emergency measures and provide all necessary information to draw up the accident certificate. Any postponement or failure to communicate the circumstances of the accident will directly make the user responsible.
In addition, the prevention service of the user in the event of a serious occupational accident according to the Codex, Title I, Chapter III, art. 26 § 4 draw up an accident report, supplemented by an action plan from the user and submit that report to the person in charge of Absolute @ work BVBA / Absolute @ construct BVBA within eight days after the accident. After submission and possible addition by Absolute @ work BVBA / Absolute @ construct BVBA, the user will forward this report to the inspector of the "supervision of the welfare at work legislation" within a maximum of 10 days after the accident.
17) The user is solely responsible for returning the signed customer contract and (supervising) the return of the completed and signed performance records. Failing this, the user will not be able to invoke the non-signature to the detriment of the temporary employment agency and the temporary employment agency will invoice the actual work performed by the temporary employee, with the contractual agreed performance as the minimum, to the user.
18) The user's signature on the periodic declarations implies the acknowledgment of the correctness of the data on it and the satisfactory performance of the work by the temporary agency worker. The user will not be able to contest the validity of the signature of his appointees or mandatories on the performance declarations.
The temporary employment agency should therefore not check the validity of the authority to sign. With automatic performance processing, the user always agrees with the performance data such as these are communicated to the temporary employment agency in an automated or electronic manner, unless otherwise agreed in writing. Only the user is liable for errors in the automated transmission.
19) The invoicing takes place on the basis of the performances that occur on the condition mentioned above and of the agreed price. The prices are linked to the index of retail prices. Unless stated otherwise, the originally agreed invoicing price will be multiplied for special services (overtime, shift work, night, Sundays, public holidays, etc.) with the same coefficient as applied to the basic salary of the temporary agency worker who carries out the assignment. Every fifteen minutes started is fully due. A minimum of 4 hours per day will always be charged to the user. The costs for DIMONA per hour worked are charged to the user without applying this coefficient.
20) The invoices of the employment agency are payable in cash on receipt, net, without discount. In the absence of payment upon receipt, the amount charged will legally and without prior notice of default yield an interest of 12% per year. Furthermore, by way of a registered letter, a compensation of 10% of the sums due will be due by registered mail as a lump sum by means of a registered letter, with a minimum of 150 euros and a maximum of 20,000 euros. Bills of exchange do not mean any deviation in this and do not create any debt renewal. The temporary worker is not authorized to collect our invoices. In the event of late payment, unsecured check, bankruptcy, concordat or any event that jeopardizes the agency's claim, the temporary employment agency reserves the right to cancel the present agreement and / or the outstanding bills (even if these are not canceled). to claim in their totality within 24 hours after registered letter, without the user being able to claim any compensation.
21) Each invoice drawn up by the employment agency is definitively accepted by the user if it is not disputed within 5 days of receipt by registered letter in which the reasons for dispute are explained.
22) In case of dispute and / or default, only the Courts of the judicial district of Bruges are competent and / or court of commerce Ostend.
The agreement between the parties is governed by Belgian law.