Temporary employment & payroll
These general terms and conditions have been drawn up in accordance with the applicable legislation, namely the Act of 24 July 1987 on temporary work, agency work and the provision of workers for users, including the collective agreements of PC 322 temporary work, as well as the Act of 14 July 1991 on commercial practices.
Temporary workers are made available under the conditions agreed upon in the request and under the conditions set out below, which form an integral part of the agreement concluded between the user and Staffing Belgium BV 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 writing.
These general terms and conditions — and in particular Article 20 — also apply as soon as the user entrusts a request to Staffing Belgium BV and Staffing Belgium BV proposes candidates to the user.
In accordance with CAO 38 quater of 14/7/1999, Staffing Belgium BV must not treat candidates in a discriminatory manner; consequently the user is only allowed to include job-relevant criteria in their request.
The user undertakes to communicate to Staffing Belgium BV, at the start and during the term of the contract, all necessary information and any changes thereto immediately and preferably in writing. The user is solely liable for the consequences arising from the failure to provide this information (in time), insufficiently or incorrectly. Any corrections and/or costs caused thereby will give rise to additional invoicing to the user. Without being exhaustive, this is certainly the case in the following situations:
a. regarding the reason for using temporary agency work and the presence or absence of a trade union delegation;
b. regarding the remuneration conditions of the permanent staff, including bonuses and various benefits customary in the user's company, as well as the modalities of their allocation;
c. regarding the activities, the workstation, the required professional qualification, the result of the risk assessment, medical supervision and personal protective equipment;
d. regarding possible situations of strike or lock-out or other forms of temporary unemployment;
e. regarding any occupational accident;
f. regarding the operation of Dimona, for which all information must be submitted before the start of the temporary worker's assignment;
g. regarding the late arrival or absence of temporary workers;
h. regarding the non-renewal of an assignment.
The user is responsible for the correct application of reasons and time limits for temporary work; within the framework of those reasons, the user shall obtain, in the cases provided by law, the necessary permits and notifications concerning the employment of temporary workers.
Staffing Belgium BV is in no case liable for the consequences of absence and/or late arrival of its temporary workers.
The user cannot make use of the services of Staffing Belgium BV in the event of temporary unemployment in their company. In such a case the user must inform Staffing Belgium BV immediately and in writing. The mandatory withdrawal of temporary workers in these cases does not give rise to any compensation payable by Staffing Belgium BV to the user.
During the period of employment of the temporary worker at the user, the user is, in accordance with Article 19 of the Act of 24 July 1987, responsible for the application of the provisions of the law on labour regulation and protection that apply at the place of employment. Consequently, the user must treat temporary workers on equal terms with their permanent staff, including with regard to working time, reduction of working hours, compensations, breaks, public holidays, Sunday work, night work, etc.
Civil liability, provided for in Article 1384 paragraph 3 of the Civil Code, rests with the user. The user is therefore solely liable for all damage caused by the temporary worker to third parties. It is recommended that the user include a "temporary-work clause" in their liability insurance. Staffing Belgium BV is also not liable for any damage the temporary worker causes to the user during and as a result of their employment with the user. Staffing Belgium BV's liability is also not engaged in the event of damage, loss, theft or disappearance of materials, money or goods entrusted to the temporary worker. Staffing Belgium BV is also not liable for loans or advances, in cash or otherwise, that may have been granted by the user to the temporary worker.
In accordance with Article 10 of the Act of 24/7/1987, temporary workers are entitled to the same gross pay, including indexations and contractual increases, bonuses, meal vouchers and other pay components as if they had been employed by the user on a permanent basis. Insurances and other benefits are not considered pay components. Under Article 5 of these general terms and conditions the user must communicate these pay details to Staffing Belgium BV. The user is solely liable for the consequences of failing to provide this information (in time), incompletely or incorrectly. Any corrections and/or costs caused thereby will give rise to additional invoicing to the user.
The temporary worker enjoys the same level of protection as the other employees of the company with regard to occupational safety and hygiene. The temporary worker may only perform the tasks listed on the job description form or, if no job description form is required, as specified in the special commercial conditions, in particular the description of the workstation, the required professional qualification and the result of the risk assessment. In accordance with the Royal Decree of 1997, the user must, in the cases provided for, complete the job description form and send it to Staffing Belgium BV before the temporary worker is assigned. The user is responsible for work clothing and personal protective equipment, as well as for cleaning, repair and maintaining them in normal usable condition, even if a separate commercial agreement on the supply thereof has been concluded with Staffing Belgium BV.
In the event of an occupational accident involving a temporary worker, the user shall, after having taken all urgent measures, notify Staffing Belgium BV immediately and provide all necessary information for drawing up an accident report. If this is delayed or omitted, the user may be held directly liable.
The user alone is responsible for returning the signed client contract and (for supervising) the return of the completed and signed timesheets. In the absence thereof, the user cannot invoke the lack of signature to the detriment of Staffing Belgium BV and Staffing Belgium BV will invoice the user for the actual services performed by the temporary worker, with at least the contractually agreed minimum services.
By signing the timesheet, the user confirms the accuracy of the reported hours and the performance of the work carried out by the temporary worker. This signature must be made immediately after completion of the services described on the relevant timesheet, so that it does not hinder the smooth and correct processing of salary payments by Staffing Belgium BV. The user will not dispute the validity of the signature by their employees or representatives. In the case of automatic performance processing, the user always agrees to the performance data as transmitted to Staffing Belgium BV in an automated or electronic manner, unless otherwise agreed in writing. Only the user is liable for errors in the automated transmission.
Invoicing is based on
a. the services as stated on the timesheets or as transmitted electronically by the user, with a minimum of the hours requested by the user;
b. the requested hours, except when fewer hours were worked exclusively due to the fault of the temporary worker and provided the information obligation set out in Article 5 of these conditions has been fulfilled; in the absence of timesheets completed and signed by the user, invoicing will be based on the hours actually worked by the temporary worker, with a minimum of the hours requested by the user; in this context, all paid and granted leave and days for the user's permanent staff such as extra-legal public holidays, vacation days, bridge days, etc., to which the temporary worker is also entitled, will also be considered as services and invoiced accordingly to the user.
c. the agreed coefficient and/or the agreed rate: this coefficient and/or rate may be unilaterally increased by Staffing Belgium BV in the event of an increase in direct or indirect employer contributions as well as any other factors that determine the actual labor cost; this rate may also be unilaterally increased by Staffing Belgium BV if the temporary worker's base wage increases due to wage indexation and contractual wage increases applicable to the user.
d. other written price agreements: increased by the applicable VAT.
All complaints regarding invoices must reach Staffing Belgium BV within eight calendar days of the invoice date by registered letter with reasons given. After this period the complaint will be inadmissible.
Invoices from Staffing Belgium BV are payable on receipt, net and without discount, unless otherwise agreed in writing. For payments other than cash, bank transfer, direct debit or cheque, collection costs will be charged to the user. If payment is not made on receipt of the invoice, the invoiced amount will automatically and without prior notice bear interest at a rate equal to the annual average EURIBOR (Euro Interbank Offered Rate) of the previous year plus 3%. Furthermore, in case of non-payment of the invoice one month after the due date, after written notice of default, a one-time fixed compensation of 15% of the sums due will be payable, with a minimum of 125 euro. Staffing Belgium BV's bills of exchange do not change this and do not create any novation of debt. Any payment terms granted in writing shall lapse automatically as soon as Staffing Belgium BV proceeds to collect outstanding invoices from the user through legal action. Upon written notice of default, in case of protested bills or uncovered cheques, in case of summonses by the social security authorities or other signs of doubtful solvency on the part of the user, the payment terms granted by Staffing Belgium BV shall also lapse automatically. In such cases all invoices (even those not yet due) will also become payable automatically. The temporary worker is not authorized to collect invoices.
If the user fails to comply with their legal obligations or the general terms and conditions, as well as in the event of non-payment, Staffing Belgium BV has the right, without being liable for payment of any compensation, to consider the ongoing agreements dissolved and to withdraw its temporary workers immediately.
In the event of early hiring:
If the user enters into an employment relationship with the temporary worker for the same or another position before the end of a minimum period of 130 full RSZ days of assignment, without the intervention of the employment agency, the user shall pay the agency, by way of compensation for the damage suffered, an amount equal to 20% of the gross annual salary of the temporary worker concerned. The above compensation is fixed forfaitarily based on the mutual agreement between the user and Staffing Belgium BV that the damage suffered by the agency is, among other things, based on the costs the user would have to incur for prospecting, selecting and screening a worker with the same qualifications as well as the lost profit, without prejudice to the right of Staffing Belgium BV to prove that the damage it suffered exceeds the above compensation. The user undertakes to notify the agency in writing in advance of its intention to enter into an employment relationship with the temporary worker.
Entering into an employment relationship with the temporary worker is understood to include:
entering into an employment contract with the temporary worker;
the provision of the temporary worker in question to the user by a third party (e.g. another employment agency);
entering into a contract for services with the temporary worker or with a third party who has hired the temporary worker for this purpose;
entering into an employment relationship by the temporary worker or a third party where the user and that third party belong to the same group, are parent or subsidiary companies of each other or are affiliated or associated companies, in accordance with Title II, Chapter II of the Companies Code.
A temporary worker is understood to mean:
the temporary worker selected by the agency who was made available to the user under a temporary work contract;
the candidate temporary worker proposed to the user by the agency;
Gross annual salary of the temporary worker is understood as: Hourly wage X weekly working hours X 48 + (allowances/hour X weekly working hours X 48).
if the temporary worker has already worked: the last applicable wage multiplied by the average number of hours per week applicable in the user's sector multiplied by 4.33 multiplied by 13.92;
if the candidate temporary worker has not yet worked: the wage applicable at the user for the relevant position (with a minimum of the scales of the user's collective agreement) multiplied by the average number of hours per week applicable in the user's sector multiplied by 4.33 multiplied by 13.92.
In the event of unilateral termination of the contract, without early hiring: Pursuant to Article 1226 et seq. of the Civil Code, the user who unilaterally and prematurely terminates the agreement shall pay Staffing Belgium BV a lump-sum compensation equal to the sum of the invoices Staffing Belgium BV would have issued if the agreement had been fully performed, with a minimum of 125 euro per calendar day. This also applies in the event of nullity of the agreement between the user and Staffing Belgium BV as a result of the user's failure to comply with its statutory obligations or due to incorrect information provided by the user when entering into the agreement in question. Staffing Belgium BV reserves the right to claim higher compensation provided it can prove the extent of the damage.
These general terms and conditions must not contain any deletions and take precedence over all others. A deviation from these general terms and conditions is only possible if agreed in writing.
In case of dispute, only the courts of the district where the registered office of Staffing Belgium BV is located shall have jurisdiction.
Recruitment & selection
When Staffing Belgium BV carries out recruitment and selection activities, the conditions in this article apply in addition to the conditions in the general part.
Recruitment and selection is the assignment in which Staffing Belgium BV selects one or more candidates for the purpose of employment (or a similar form of engagement) for a client and introduces these candidates orally or in writing.
As the client you are ultimately responsible for the choice of an employee. We cannot make that choice for you. You are also responsible for checking the candidate's references, including verification of obtained diplomas, etc., and you must satisfy yourself of the candidate's suitability. Staffing Belgium BV has no role in this and is not liable if the employee does not meet the client's requirements or expectations.
Each candidate has equal opportunities in our recruitment and selection activities, regardless of age, sex, marital status, race, ethnicity, nationality, sexual orientation, life or religious beliefs and/or political choice.
If the client enters into an employment relationship with the candidate, the client owes Staffing Belgium BV the fee specified in the assignment. If no fee is stated, the fee is 25% of the gross annual salary applicable for the candidate's position in a full-time employment contract, plus holiday allowance, bonus, profit-sharing and/or dividends, fixed representation allowances and other benefits.
The fee from the applicable price list is also due if a candidate introduced by Staffing Belgium BV and accepted by the client was already known to the client in any way.
To be able to perform the assignment and also to invoice, the client must inform Staffing Belgium BV within 14 days after entering into the employment relationship with the candidate about the gross annual salary and other emoluments and the candidate's start date. If the client does not act, does not act in time or does not act correctly in this respect, the client is obliged to pay the amount estimated by Staffing Belgium BV for gross annual salary and emoluments, with the minimum fee in that case being at least €20,000.
If the contract with the relevant candidate is terminated during the statutory probationary period, Staffing Belgium BV may, as a gesture of goodwill, waive part of the invoice. The amount waived will never exceed 50% of the total amount to be invoiced.
Goodwill may apply provided that:
a. the client has informed Staffing Belgium BV in writing within 7 calendar days of termination;
b. the termination is not the result of changes to or failure to comply with commitments and/or provisions of the employment contract by the client;
c. the essential characteristics of the position have not been changed;
d. the termination of the employment contract is not the result of a (proposed) reorganisation, merger or acquisition;
e. the client has paid all amounts invoiced by Staffing Belgium BV;
f. the client has complied with the conditions described in these general terms and conditions.
g. Because Staffing Belgium BV must make efforts to find candidates, the client is not allowed, without payment of a reasonable fee, to enter into an employment relationship or other legal relationship with the candidate directly or via third parties, or to employ the candidate directly or indirectly, for 24 months after the candidate was introduced and possibly subsequently rejected by the client or the candidate.
The reasonable fee is the placement fee referred to in this article and agreed by the client.
Do you enter into an employment contract with the proposed candidate or is the candidate otherwise employed by you? Great — that makes us happy. We have then successfully fulfilled the recruitment and selection assignment. The assignment is thereby completed.
In case of dispute, only the courts of the district where the registered office of Staffing Belgium BV is located shall have jurisdiction.