1. These general terms and conditions are drawn up in accordance with the legislation in force, namely the Act of 24 July 1987 on temporary work, temporary employment and the placing of workers at the disposal of users, to which must be added the collective labour agreements (CCT) concluded at the National Labour Council and the Joint Committee 322 for temporary work, as well as the Act of 14 July 1991 on trade practices.
2. Temporary workers shall be made available in accordance with the conditions agreed upon at the time of application and in accordance with the general conditions set out below, which shall form an integral part of the contract concluded between the user and the temporary employment agency and which shall be drawn up in accordance with the Act of 24 July 1987. Any deviation from these general conditions must be agreed upon in writing.
3. These general terms and conditions - and in particular Article 20 - shall also apply from the moment that the user submits an application to the temporary employment agency and the temporary employment agency presents candidates to the user.
4. At the time of each entry into service, the User shall inform ITZU whether the conditions set out in Article 275-5 of the CIR 1992 concerning the exemption from payment of the wage tax for shift and/or night work are met. This exemption amounts to 22.80% of the total taxable salary, including the premiums for shift and/or night work. The exemption does not apply to holiday pay, end-of-year bonus and salary arrears. Any changes that may affect the qualification of the job as shift and/or night work within the meaning of article 275-5 CIR 1992 will be immediately communicated to ITZU by the User. The User is solely responsible for the consequences of late, insufficient or incorrect notification of this information.
ITZU will not be able to apply the exemption from payment of the withholding tax provided for in article 275-5 of the CIR 1992 if the User has not provided the necessary information.
If the User declares that the commitment meets the conditions laid down in Article 275-5 of the CIR 1992, he undertakes to keep the necessary supporting documents at the disposal of the competent control services. The User shall indemnify ITZU against (i) any loss, liability and cost (including reasonable legal fees), damage or expense arising from any incomplete, incorrect or late submission of information or declarations by the User and (ii) any tax, tax or fee (including imposed fines and/or tax increases) that any authority in Belgium may impose on ITZU on the basis of the User's failure to comply with the conditions stipulated in article 275-5 of the CIR 1992 (other than VAT).
5. The user undertakes to provide the temporary employment agency, at the beginning of the contract and during the term of the contract, with all necessary information and any changes that may occur, without delay and preferably in writing.
This obligation to provide information includes, but is not limited to, the following points
- the reason for recourse to temporary work and the presence or absence of a trade union delegation in the user undertaking
- the conditions of remuneration for permanent staff, including the various bonuses and benefits that apply in the user undertaking, and the arrangements for granting them
- the activities, the workstation, the professional qualifications required, the result of the risk assessment, the medical surveillance and the individual means of protection
- the possible existence of a strike or lock-out or other forms of temporary unemployment
- the possible occurrence of an accident at work;
- the operation of the Dimona, for which all information must be provided before the temporary worker is made available
- the delay or absence of temporary workers;
- non-renewal of an assignment.
The user shall be solely responsible for the consequences of failure to provide this information or of late, insufficient or incorrect provision of this information. All corrections and/or costs relating thereto shall give rise to additional invoicing at the expense of the user.
6. The user shall be responsible for the correct application of the grounds and periods laid down in the legislation on temporary work; within the framework of these grounds, he shall be responsible, in the cases provided for by law, for obtaining the necessary authorisations and making the necessary notifications for the employment of temporary workers.
7. The temporary employment agency cannot be held responsible for the consequences of the absence and/or delay of its temporary workers.
8. The user may not make use of the services of the temporary employment agency in the event of temporary unemployment, strike or lock-out in his company. If such a situation occurs, the user must immediately notify the temporary employment agency in writing. The latter shall then be obliged to withdraw its temporary workers, without this giving rise to the payment of compensation to the user.
9. During the period in which the temporary worker is working for the user, the user is, according to the terms of Article 19 of the Act of 24 July 1987, responsible for the application of the provisions of the legislation on work regulation and protection applicable to the workplace. According to this principle, the user is obliged to treat temporary workers in the same way as his permanent staff, in particular with regard to working hours, reduction of working hours, compensation, breaks, public holidays, Sunday work, night work, the welfare of the temporary worker at the workplace, etc.
10. The civil liability, as referred to in article 1384 paragraph 3 of the Civil Code, is the responsibility of the user. The user is therefore solely responsible for any damage caused by the temporary worker to third parties. The user is recommended to include a "temporary work" clause in his civil liability insurance policy. The temporary employment agency is also not liable for damage caused by the temporary worker to the user during and as a result of his employment with the user. Thus, the temporary employment agency is not liable for damage, loss, theft or disappearance of material, money or goods entrusted to the temporary worker. With regard to the selection, the temporary employment agency can never be held liable if the user himself has made the selection of the candidate(s)-temporary employee(s). The temporary employment agency shall also not be liable for any loans or advances, in kind or in cash, that the user may have granted to the temporary employee. Furthermore, any action to obtain reimbursement of costs resulting from, inter alia, private telephone use, meals in the company restaurant, authorised purchases, etc., shall be taken without the intervention of the temporary employment agency.
11. In accordance with Article 10 of the Act of 24 July 1987, temporary workers shall be entitled to the same gross remuneration, including indexation and contractual increases, bonuses, meal vouchers and other components of remuneration, as if they were employed as permanent workers by the user. On the basis of Article 5 of these General Terms and Conditions, the user shall be obliged to provide the temporary employment agency with these remuneration data. The user shall be solely responsible for the consequences of not providing this information or providing it late, insufficiently or incorrectly. All corrections and/or costs incurred in this respect shall be invoiced additionally to the user.
12. A temporary worker shall enjoy the same level of protection as other workers in the company as regards health and safety at work. The temporary worker may only carry out the work that is mentioned in the workstation sheet or, if such a sheet is not required, in the special business conditions, more precisely in the description of the workstation, the required professional qualification and the result of the risk assessment. In accordance with the Royal Decree (RD) of 19 February 1997, the user is obliged, in the cases provided for, to fill in the workstation sheet and to send it to the temporary employment agency before the temporary worker is made available. When drawing up this workstation sheet, the latter must obtain the opinion of its prevention department and the occupational physician. The user is (in accordance with Article 5, 4° of the Royal Decree of 19 February 1997) ultimately responsible for the provision of work clothing and personal protective equipment, as well as for their cleaning, repair and maintenance in a normal state of use, even if a derogatory commercial contract has been concluded with the temporary employment agency concerning their supply. The user Itzu Jobs as soon as one of its temporary workers is registered in the first aid register as a victim of a minor accident
13. When an accident at work occurs to a temporary worker, the user, after having taken all the necessary measures, will immediately notify the temporary employment agency and provide all the information necessary for the completion of the accident declaration. In case of delay or non-compliance with this obligation, the user may be held directly liable.
14. The user shall be solely responsible for returning the signed client contract and (checking) the return of the completed and signed performance sheets. If the user fails to do so, the user shall not be able to invoke the non-signature against 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.
15. By signing the performance sheet, the user confirms the correctness of the services indicated and the performance of the work carried out by the temporary worker. This signature shall be made without delay after the performance of the services described in the performance sheet has been completed, so that the user does not in any way impede the prompt and correct payment of the remuneration by the temporary employment agency. The user shall not contest the validity of the signature of his employees or agents. In the event of automated processing of performance data, the user shall always agree with the data as transmitted electronically or by automated means to the temporary employment agency, unless otherwise agreed in writing. The user shall be solely responsible for any errors in the automated transmission.
16. If the user enters into an employment relationship with the candidate/temporary worker for the same or a different function before the end of the minimum period stipulated in the offer of agreement, without the involvement of Itzu Jobs NV, the user shall be charged compensation of 20% of the gross annual salary of the candidate/temporary worker.
17. All complaints relating to invoices must reach the temporary employment agency within eight calendar days of the date of the invoice, by registered letter with reasons. After this period, the complaint shall no longer be admissible.
18. The invoices of the temporary employment agency shall be payable on receipt, net and without discount, unless otherwise agreed in writing. In the event of payment other than in cash or by bank transfer, direct debit or cheque, the collection costs shall be borne by the user. In the event of non-payment upon receipt of the invoice, the amount invoiced shall be increased by interest, ipso jure and without prior notice of default, in accordance with the annual average of the EURIBOR (Euro Interbank Offered Rate) of the previous year, with a supplement of 3%. In addition, in the event of non-payment of the invoice one month after the due date, the client shall, after written notice of default, pay a one-off fixed compensation of 15% of the amounts due, with a minimum of 125 euros. Bills of exchange of the temporary employment agency do not entail any derogation and do not create any novation of the debt. Any payment terms agreed in writing shall be cancelled by operation of law as soon as the temporary employment agency has to initiate legal proceedings to recover unpaid invoices. In the event of a written notice of default, protested bills of exchange or cheques with insufficient funds, summonses from the NSSO or other signs of doubtful solvency on the part of the user, the payment terms agreed by the temporary employment agency shall also be cancelled by operation of law. In such cases, the payment of all invoices (including those that have not yet fallen due) shall also be due by operation of law. The temporary employment agency is not entitled to collect payment of invoices.
19. In the event of non-compliance by the user with his legal obligations or with these general terms and conditions, as well as in the event of non-payment, the temporary employment agency shall have the right, without being entitled to claim any compensation, to consider the current contracts as dissolved and to immediately withdraw its temporary workers.
20. In the event of premature employment: If the user client employs the temporary worker before the end of the minimum period of employment agreed in the offer of cooperation for the same or another function, the user client shall pay the damage suffered, i.e. an amount to Itzu Jobs equivalent to financial compensation. The User Client shall notify Itzu Jobs in writing (before the end of the interim period) of its intention to employ the same temporary worker under an employment contract.
21. In the event of unilateral termination of the contract without premature engagement of the temporary employee by the user: On the basis of Articles 1226 et seq. of the Civil Code, the user who unilaterally and prematurely terminates the contract shall pay the temporary employment agency a fixed compensation equal to the sum of the invoices that the temporary employment agency would have drawn up if the contract had been fully executed, with a minimum of EUR 125 per calendar day. This shall also apply in the event of the nullity of the contract between the temporary employment agency and the user, if the user does not comply with the obligations incumbent on him by virtue of the law or has provided incorrect information when concluding the contract. However, the temporary employment agency reserves the right to demand higher compensation, provided that it can prove the extent of the damage.
22. These general terms and conditions may not contain any erasures and take precedence over all others. Deviations from these general terms and conditions are only possible if agreed in writing.
23. In the event of a dispute and/or non-payment, the courts of the Hasselt district of the temporary employment agency shall have exclusive jurisdiction.
24. Successive daily contracts:
- Successive daily contracts in the context of temporary work with the same user are permitted insofar as there is a need for flexibility on the part of the client in accordance with Article 33 of CLA No. 108.)
- The need for flexibility exists when one of the following reasons is present
- the volume of work at the customer's premises depends to a large extent on external factors
- the volume of work fluctuates strongly; or
- or is related to the nature of the assignment.
- The question of the existence of the need for flexibility is the responsibility of the client, and it is up to the client to prove it. The temporary employment agency has no discretion in this matter.
- If daily contracts are used in breach of the regulations in force and in breach of paragraph 1 of this article, the temporary employment agency may be required to pay the temporary worker, in addition to the remuneration, compensation corresponding to the remuneration that would have been paid if a two-week temporary employment contract had been concluded.
- Since the question of the existence of the need for flexibility is the responsibility of the client, the parties agree that the temporary employment agency will charge the client the cost of the penalty provided for in the previous paragraph, together with a reasonable administrative fee.
25. Reason for insertion:
- The client must inform the temporary employment agency in writing whether this is a first, second or third attempt to fill the job concerned by means of the reason for insertion.
- A temporary worker who has terminated an open-ended contract immediately prior to his or her employment under the insertion reason in order to re-enter the labour market by means of temporary work may be entitled to a guarantee of employment for 1 month.
- If the client decides to terminate or not to extend the collaboration with the temporary worker before the end of the guarantee of employment, the parties agree that the client is obliged to pay the temporary employment agency compensation equal to the amount of the remuneration - in the broad sense of the term - that remained to be paid.
- in the broadest sense - that remained to be paid until the end of the guarantee of occupation (as provided for in Art. 29 [reference to the new regulation]). In addition, the client is obliged to pay the company.