terms and conditions
1) These terms and conditions have been prepared in accordance with the Law of 24.07.87, published in the Official Gazette of 20.O8.87 on temporary employment, temporary employment and the provision of staff for the benefit of users, including the applicable ie collective agreements of the NLC and PC 322 temporary work.
2) Providing temporary workers carried agreed under the special conditions of the order and under the following terms and conditions that are closed are an integral part of the contract between the user and the agency and are prepared in accordance with the law of July 24, 1987 . Any deviation from these general conditions must be agreed in writing.
3) The user is solely responsible for the information he provided for the preparation of the agreement and, in the cases specified by law for obtaining the required permits. The user undertakes, moreover, to respect the provisions of Royal Decree No 225 of December 15, 1983 relating to overtime. Absolute @ work BVBA / SPRL absolute @ construct allows the user responsible as the a posteriori of the actual performance will be notified after the expiry of the period of employment. The user must inform the Dimona data before each performance broadcast on Absolute @ work BVBA / SPRL Absolute @ construct.
4) In accordance with the CAO 38c of 14.07.1999 the agency should not be treated in a discriminatory manner the candidates; Consequently, it is only allowed for the user to define function criteria relevant in his application.
5) These terms and conditions - and in particular, Article 6 - also apply when a user entrusts an application presents to the agency and the agency candidates to the user.
6) In the event of premature recruitment: If the user before the end of a minimum period of 125 days worked posting without involving the broadcasting business, enters into an employment relationship with a temporary worker for the same or another function, the user at the broadcasting company, at method of compensation for damages, a sum payment equal to 35% of the gross annual salary of the temporary employee, unless otherwise agreed in the order confirmation. This fee is payable in cash. In the absence of a valid offer or contract, the time limit of six months full-time provision should be extended pro rata in the event of part-time employment.Above fee is a flat rate based on the agreement between the user and the agency that the damage suffered by the agency, including as regards the costs that would have to pay the user prospecting, selection and screening of an employee with the same qualifications as well as the loss of profit, thus corresponds, subject to the right of the agency to prove that the damage suffered by him exceeds the above compensation. The user is also due this fee if the temporary worker after the ended making available, into an employment relationship with the user, insofar as there are days worked from the first day of broadcast and the first day of employment no 125 with the temporary worker have expired. The user undertakes the recruitment company in advance in writing to convey his intention to enter into an employment relationship with a temporary worker.Shall mean entering into an employment relationship with a temporary worker:Entering into a contract of employment by the user with the temporary employee
the leave provision of the temporary worker to the user by a third party (eg another employment agency)Entering into a building contract with the temporary worker or a third party for this purpose recruited temporary workers
the conclusion of a training agreement under which the temporary employee is trained in the operation of the user (including an IBO Agreement)
enter into an employment relationship with a temporary worker and a third, in which the user and the third party belonging to the same group, parent or subsidiary company of each other or are affiliated or associated companies, in accordance with title II, Chapter II of the company Code.Shall mean temp:The selected temporary worker by the temporary employment business which was made available to workers with temporary work to the user
the candidate temporary worker who was proposed by the broadcasting company to the user
Will mean annual wages of the temporary worker:
- If the temporary worker has worked already: the last valid x hourly wage in the sector of the user's current average number of hours per week x 4.33 x 13.92
- if the candidate temporary worker has not worked: the salary applicable to the user for the job (as a minimum the scales of the PC user) x in the sector of the user's current average number of hours per week x 4.33 x 13.92.
7) When unilateral breach of contract without premature recruitment: Pursuant to Article 1226 et seq of the Civil Code the user that the agreement unilaterally and prematurely terminates the employment agency will make a lump-sum compensation payment equal to the sum of the invoices that the employment agency would have made if the agreement was fully implemented with a minimum of 125 euros per calendar day. In the event of non-compliance provided by the user of the imposed legal obligations or in the event of incorrect information by the user at the conclusion of the agreement, the nullity or the inability to perform the contract entail will user a compensation equal determined afwervingsvergoeding in Article 6 if no 125 days worked provision expired and beyond the sum of the bills that would have put the agency if the agreement was fully implemented with a minimum of 125 euros per calendar . The employment agency reserves the right to claim higher damages provided that it can prove the extent of the damage.
8) The user undertakes at the start and during the duration of the contract all necessary information and, moreover, any change immediately and preferably communicate in writing to the agency. Without being exhaustive, this is definitely on the agenda in the following cases: on the reason to rely on temporary work and the presence or absence of a trade union delegation; concerning remuneration and conditions of the permanent staff, including bonuses and various benefits that are customary in the business of the user, as well as the award procedures; regarding the activities, the workplace, the required qualification, the result of the risk assessments, medical supervision and personal protective equipment; concerning possible cases of strike or lock-out or other forms of temporary unemployment, with the user sending the company must notify in advance and within legal deadlines; regarding a possible accident; regarding the operation of Dimona, which all information must be passed before the start of the posting of the temporary worker;regarding the belated presence or absence of temporary workers, on bad weather; concerning the non-renewal of a contract. The user is solely responsible for the consequences resulting from it (in time) by giving inadequate or incorrect on this information. All corrections, late notifications and / or costs caused thereby giving rise to additional invoicing to the user.
9) The user bears the responsibility for the proper application of and motives for temporary periods; under which designs he creates, in the cases provided by law, the necessary authorizations and notifications concerning the employment of temporary workers.
10) The agency is in no way liable for the consequences of the absence and / or the late presence of his temporary staff.
11) The user can not rely on the services of the agency in the event of temporary unemployment, strike or lock-out in his company. In some cases, the user must bring the agency thereof immediately and in writing. Compulsory withdrawal of the temporary staff in these cases does not give rise to the payment of damages by the agency to the user.
12) During the entire duration of the employment of temporary workers at the user, it is, in accordance with Article 19 of the Law of July 24, 1987, for the application of the provisions of the legislation on regulation and protection of the work on the site apply for employment. It follows that the user has to deal with the agency on the same footing as its permanent staff, including on working time, working hours, compensation, breaks, holidays, Sunday work, night work, being of the temporary employee at work etc.
13) Under Article 10 of the Law of 24.07.1987, the agency entitled to the same gross salary, including conventional and indexation increases, contributions (including pension contributions), meal vouchers and other wage components as if they were recruited by the user permanent. On the basis of Article 8 of these terms and conditions, the user must notify the salary data to the agency. The user is solely responsible for the consequences resulting from it (in time), incomplete or improper disclosure of that information. All corrections and costs caused by this lead to additional billing to the user.
14) Temporary workers enjoy the same level of protection all the other employees of the company with regard to occupational health and safety.Pursuant to Art. 2 of the Royal Decree of 19/02/1997 on the safety and health of temporary workers, the user is required to give an accurate description of the employment agency for the supply of temporary workers the required professional qualification and the specifics of the data to take work station. Moreover, the results of the risk analysis to be included in a work station post sheet which must be signed by the person responsible should be sent to the user, before the start of the contract. The user agrees to the temporary worker is placed at his disposal to impose any tasks other than those which he had provided to the application. Unless express prior agreement of the agency:-is it to instruct the user temporary bans by using a command that is different from the one for which he was made available; in a special way he may have performed any manipulation of machines him, appliances, vehicles, goods, transport or treatment of securities or cash in the collection, whatever it may be;-the temporary worker may only perform normal activities, excluding any work protected by special regulations, viz. unhealthy or dangerous work.It is at all times prohibited to have the temporary work at a height of over four meters.The user assumes (in accordance with Article 5 of 4 ° KB 19/02/1997) overall responsibility for the provision of workwear and personal protective equipment, as well as for the cleaning, repair and maintenance in normal working order it, even if a different commercial contract for the supply of which was completed by the agency.
15) The user shall bear civil liability provided for in Article 1384 § 3 of the Civil Code. He alone is thus responsible for all the damages caused by the temporary worker.The provision of a temporary clause 'in the civil liability insurance of the user is recommended.The agency is not liable for the harm caused by the temporary worker during or as a result of his employment with the user. The liability of the agency is also not involved in the case of damage, loss, theft or disappearance of material, money or goods entrusted to the temporary worker. Concerning the selection, the liability of the agency may not be invoked if the user performs the selection of the candidate temps.The agency is not liable for the loans or advances in kind or cash if authorized by the user to the temporary worker.Recovery of costs due to the use of the telephone for personal purposes, eetmalen used in the mess, lawful purchases etc ... will happen without the mediation of the agency.
16) In the event of accident of a temporary worker, the user shall, after having taken all necessary urgent measures, immediately notify the agency and provide all necessary information to draw up the accident statement. Any delay or failure to communicate will allow the user directly responsible with the circumstances of the accident.Moreover, the prevention of the user will be in a serious accident, according to the Code, Section I, Chapter III, Art. 26 § 4 Formatting an accident report completed by an action of the user and submit the report to the head of Absolute @ work BVBA / SPRL Absolute @ construct within eight days after the accident. After submission and any supplement Absolute @ work BVBA / SPRL Absolute @ construct the user will report within a maximum period of 10 days after the accident forwarded to the superintendent of administration "monitoring the legislation being at work".
17) The user is solely responsible for returning the signed customer contract and (monitoring) returning the completed and signed performance states. Failing this, the user's non-signing is not at the expense of being able to rely on and will the agency temporary employment agency, the actual services provided by the temporary worker, as a minimum the contractually agreed performance, billing to the user. The user is responsible for monitoring and control of returning the copy signed by the temporary employee within 48 hours after it is sent by the agency.
18) The signature of the user on the periodic returns an acknowledgment of the accuracy of the information contained on it and the satisfactory performance of the work by the temporary worker. The user will be the validity of the signature of its employees or agents in the performance reportscan not dispute. The employment agency should therefore not verify the validity of the signature powers. With automatic performance processing, the user will always agree with the performance asThis automated or electronically passed to the agency, unless it is in writing or otherwise. Only the user is liable for errors in the automated transmission.
19) The billing is based on the services listed in the state referred to above and the agreed price. The prices are linked to the index of retail prices. Unless story listing the originally agreed invoice price will be multiplied for special benefits (overtime, working in shifts, at night, on Sundays and holidays, etc.) with the same coefficient as that applied to the basic salary of the temporary exercising the contract. Each started quarter is due in full. A minimum of 4 hours per day will always be charged to the user. The cost per hour worked DIMONA be charged to the user without applying this coefficient.
20) The invoices of the agency are payable upon receipt, net without discount. In the absence of payment upon receipt amount will be charged legally and without prior notice, accrue interest at 12% per year. Moreover, by operation of law by way of agreed lump sum damages after notice by registered mail, a fee of 10% on the outstanding amount, with a minimum of 150 euros and a maximum of 20,000 euros. Bills of exchange do anything to any deviation think and create no novation. The temporary employee is not authorized to collect our invoices. In case of delayed payment, bad check, bankruptcy, or any event which the action of the agency is compromised, the agency reserves the right to break the law for the agreement and / or the outstanding accounts (even if not overdue are) in their entirety to claim within 24 hours of a registered letter, without the user's right to assert any compensation.
21) Each invoice drawn up by the agency's user definitively accepted if they are not within 5 days of receipt disputed by registered letter setting out the grounds of objection set put.
22) In case of dispute and / or default, only the courts of the judicial district of Bruges have jurisdiction and / or commercial court Ostend.The agreement between the parties shall be governed by Belgian law.