General terms and conditions of AbsoluteYou

1. These general conditions have been drawn up in accordance with the legislation in force, i.e. the Law of 24 July 1987 on temporary work, temporary employment and the provision of employees for the benefit of users, including the applicable collective bargaining agreements of the NAR and of PC 322 temporary employment.

2. Temporary employees shall be made available under the conditions agreed upon at the time of the request and under the general conditions defined below, which shall form an integral part of the contract concluded between the User and Absoluteyou bv and which have been drawn up in accordance with the Law of 24 July 1987. Any derogation to these general conditions must be agreed in writing.

3. These general conditions - and in particular article 20 - shall also apply as soon as the User entrusts a request to Absoluteyou bv and Absoluteyou bv proposes candidates to the User.

4. Pursuant to the CLA 38 quater of 14/07/1999, Absoluteyou bv may not treat candidates in a discriminatory manner; consequently, the User may only formulate job-relevant criteria in his application.

5.The User undertakes to provide Absoluteyou bv, at the beginning and during the term of the contract, with all necessary information and, in addition, any modification without delay, preferably in writing. Without being exhaustive, this is certainly the case 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's company, as well as the allocation modalities; regarding the activities, the work post, the required professional qualifications, the result of risk assessments, medical supervision and personal protective equipment; regarding possible situations of strike or lock-out or other forms of temporary unemployment; concerning economic unemployment, for which the user must inform the temporary employment agency in advance and within legal deadlines; concerning a possible industrial accident; concerning the operation of Dimona, for which all information must be transmitted before the start of the posting of the temporary employee; concerning the late attendance or absence of the temporary employees; concerning weather-related delays; 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), inadequately or incorrectly. All rectifications, late notifications and/or costs caused by this shall give rise to additional invoicing to the user.

6. The user is responsible for the correct application of the reasons and deadlines for temporary employment. Within the framework of these reasons, he shall, in the cases provided for by the Law and the collective bargaining agreement, provide the necessary authorizations and notifications related to the employment of temporary employees. The User is solely responsible for the lack or faulty application of motives, deadlines, authorizations and notifications, indication of the number of employment attempts at intake and proof of the need for flexibility in the case of successive daily contracts if authorized within the meaning of the Law and the CLA. The User shall indemnify Absoluteyou bv for the sanctions imposed on Absoluteyou bv and/or compensation claimed for the violation of the Law and/or the CLA.

7.In the framework of temporary employment on the basis of inflow, a minimum duration of the temporary employment contract equal to the period of employment guarantee imposed on the temporary employment agency in accordance with the applicable collective agreements shall apply. If the User terminates the contract before the end of this minimum duration, the User shall be bound to pay the wages of the temporary worker to Absoluteyou bv for the remaining duration.

8.The User may not call upon the services of Absoluteyou bv in case of temporary unemployment, strike or lock-out in his company. In such cases, the User must inform Absoluteyou bv immediately and in writing. The mandatory withdrawal of the temporary workers in these cases shall not give rise to the payment of compensation by Absoluteyou bv to the User.

9.During the duration of the employment of the temporary worker with the User, in accordance with Article 19 of the Law of 24 July 1987, the User shall be responsible for the application of the provisions of the Law on Labor Regulation and Protection in force at the place of employment. It follows that the user must treat temporary employees on an equal footing with 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 employee at work, etc.

10. The civil liability provided for in article 1384 paragraph 3 of the Civil Code rests with the user. Consequently, the latter is solely liable for all 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. Nor shall Absoluteyou bv be liable for the damages caused by the temporary employee to the User during and as a result of his employment with the User. The liability of Absoluteyou bv is also not involved in case of damage, loss, theft or disappearance of material, money or goods entrusted to the temporary employee. With regard to the selection, Absoluteyou bv's liability can never be engaged if the User itself selects the candidates. Absoluteyou bv shall also not be liable for the loans or advances, in kind or cash, possibly granted by the User to the temporary employee. Furthermore, the recovery of expenses arising from the use of telephone for private purposes, meals used in the company restaurant, authorized purchases, etc., among others, shall be done without the mediation of Absoluteyou bv. Absoluteyou bv shall in no case be liable for the consequences of the absence and/or late attendance of its temporary employees.

11.In accordance with Article 10 of the Law of 24/07/1987, the temporary employees 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. On the basis of article 5 of these general conditions, the User must communicate this information to Absoluteyou. The User is solely liable for the consequences of not communicating this information (on time), incomplete or incorrect information. All rectifications and/or costs caused by this shall result in additional invoicing to the User.

12.The temporary employee enjoys the same level of protection as the other employees of the company as regards occupational safety and hygiene. The temporary worker may only carry out those activities 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 professional qualification required and the result of the risk assessment. In accordance with the Royal Decree of February 19, 1997, the User shall, in the foreseen cases, complete the work postfche and transmit it to Absoluteyou bv before posting the temporary employee. In drawing up the work post sheet, the hirer shall obtain the advice of its prevention service and doctor. The user shall bear (in accordance with Article 5, 4° of the Royal Decree of 19/02/1997) the final responsibility for making available the work clothes and personal protective equipment, as well as for cleaning, repairing and maintaining them in normal working order, even if a different commercial agreement has been concluded with Absoluteyou sprl.

13.In the event of an accident at work of a temporary employee, the User, after taking all emergency measures, shall immediately notify Absoluteyou and provide all necessary information for the preparation of the accident report. Any delay or failure to do so may render the User directly liable.

14.The User shall be solely liable 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 non-signature to the detriment of Absoluteyou bv, and Absoluteyou bv shall invoice the User for the services actually performed by the temporary worker, with a minimum of the contractually agreed services. The User shall be liable for the supervision and control of the return of the copy signed by the temporary employee within 48 hours of its sending by Absoluteyou bv.

15. By signing the timesheet, the User confirms the accuracy of the services rendered and the performance of the work by the temporary worker. This signing shall take place without delay after the completion of the services described on the relevant Performance Sheet, so as not to prevent the User from smoothly and correctly processing the payment of wages by Absoluteyou bv. The User shall not dispute the validity of the signature of his/her appointees or agents. In the case of automatic performance processing, the User always agrees to the performance data as transmitted to Absoluteyou bv by automated or electronic means, unless otherwise agreed in writing. Only the User shall be liable in the event of errors in automated transmission.

16. Invoicing shall be based on: 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 when fewer hours were performed due to the sole fault of the temporary employee and if the information obligation stipulated in article 5 of these terms and conditions has been fulfilled; in the absence of performance statements completed and signed by the user, invoicing shall be on the basis of the services actually performed by the temporary worker, with a minimum of the hours requested by the user; in this context, all free hours and days granted and remunerated by the user to its permanent staff, such as extra-legal holidays, vacation days, bridging days, etc., shall be taken into account. , to which the temporary employee is also entitled, shall also be considered as performance and invoiced as such to the user. The agreed coefficient and/or rate: this coefficient and/or rate shall be unilaterally increased by Absoluteyou bv in case of an increase of the direct or indirect employer's charges as well as any other factors determining the actual wage cost; this rate shall also be unilaterally increased by Absoluteyou bv in case of an increase of the basic salary of the temporary worker as a result of the indexation of wages and the conventional wage increases applicable to the User. The other wage components as provided in Article 11 of these terms and conditions; the other written price agreements; increased by the applicable VAT. For special services (such as overtime, shift work, at night, on Sundays and public holidays, etc.), the temporary employee shall be paid in accordance with the law and/or collective bargaining agreement applicable at the user in this regard. The wage supplement and wage components thus payable shall be invoiced to the user to the same coefficient as applied to the basic pay of the temporary employee or as used to calculate the rate. DIMONA's costs per hour worked will be charged to the user without application of this coefficient.

17.All complaints regarding the invoices must reach Absoluteyou bv by registered and motivated letter within eight calendar days of the invoice date. After this deadline, the complaint is inadmissible.

18.The invoices of Absoluteyou bv are payable upon receipt, net and without discount, unless otherwise agreed in writing. In case of payment other than by cash, transfer, direct debit or check, the collection costs shall be charged to the User. In the absence of payment upon receipt of the invoice, the invoice amount will be increased by right and without prior notice by an interest rate of 12%.. Moreover, in case of non-payment of the invoice one month after the due date, a lump-sum indemnity will be due, ipso jure and without prior formal notice, consisting of: for the extrajudicial costs: 15% on the invoice amount with a minimum of €125,00 for the legal costs: the costs described in article 1017 Judicial Code including the litigation fee.

19.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, as of the default and a single invoice upon written notice, in case of protested bills of exchange or uncashed checks, in case of subpoenas from the NSSO or other signs of doubtful solvency of the user. In such cases, all invoices (even those not past due) also become due by operation of law. The temporary employee is not authorized to collect invoices.

20.Should the User fail to comply with its legal obligations or the General Conditions, as well as in case of non-payment, Absoluteyou bv 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. In case of premature dismissal: If, before the end of a minimum period of 125 worked days of posting, the User, without the intervention of Absoluteyou bv, enters into an employment relationship with the temporary employee for the same or another position, the User shall pay to the temporary employment agency, by way of compensation for damages suffered, an amount equal to 35% of the gross annual salary of the temporary employee in question unless otherwise agreed upon in the confirmation of assignment. The minimum period applies to each temporary employee individually. The above-mentioned compensation is fixed on the basis of the mutual agreement between the User and Absoluteyou bv that the damage suffered by Absoluteyou bv, based among other things on the costs that the User would have to spend for the prospecting, selection and screening of an employee with the same qualifications as well as the lost profit, corresponds to this, without prejudice to the right of Absoluteyou bv to prove that the damage suffered by him exceeds the above-mentioned compensation. The User shall also owe this compensation if, after the posting has ended, the temporary employee enters into an employment relationship with the User, provided that 125 working days have not yet passed between the first day of posting and the first day of the employment relationship with the temporary employee. 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 employee. This compensation shall also be due if the posting of the temporary employee is to be terminated because the maximum duration of the temporary employment contract as stipulated by law or collective agreements has been reached without the minimum period of 125 working days of posting being performed and the user enters into an employment relationship with the temporary employee. Is understood to mean entering into an employment relationship with the temporary worker: entering into an employment contract by the user with the temporary worker, having the temporary worker in question placed at the user's disposal 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 whereby the temporary worker is trained in the user's company (including another temporary employment agency), entering into a contracting agreement with the temporary employee or with a third party who has recruited the temporary employee for this purpose, entering into a training agreement in which the temporary employee is trained in the user's company (including an IBO agreement), entering into an employment relationship by the temporary worker and 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 or have the same legally appointed or actual directors, or are located at the same address or have a place of business. Temporary employee means: the temporary employee selected by the temporary employment agency who has been made available to the user under a temporary employment contract; the candidate temporary employee who has been introduced to the user by the temporary employment agency. The gross annual wage of the temporary worker is understood to mean: if the temporary worker has already worked: the most recently 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: the wage applicable in the user's sector for the job in question (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.

22.On the basis of article 1226 and following of the Civil Code, the User who unilaterally and prematurely cancels the contract shall pay to Absoluteyou a fixed compensation equal to the sum of the invoices that Absoluteyou bv would have made if the contract had been fully executed, with a minimum of €125 per calendar day. In case of non-compliance by the User with the legal obligations imposed on him or in case of erroneous information provided by the User at the time of concluding the contract, resulting in the nullity or impossibility to execute the contract, the User shall be liable to pay damages equal to the indemnity stipulated in article 20 if less than 125 working days of provision have passed and, in addition, the sum of the invoices that Absoluteyou bv would have drawn up if the contract had been fully executed, with a minimum of €125 per calendar day. However, Absoluteyou bv reserves the right to claim a higher compensation provided it can prove the extent of the damage.

23.In the context of the provision of temporary workers and the recruitment and selection of candidates by Absoluteyou bv, regular exchange of personal data takes place between Absoluteyou bv and the User. Absoluteyou bv, in accordance with the Law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data, in order to transpose, supplement and implement the European Regulation 2016/679 of April 27, 2016 on the protection of personal data, hereinafter referred to as the Privacy Law, is considered the data controller for the processing of the data of temporary workers/candidates. The User is also considered the responsible for the processing of personal data of temporary workers, candidates, own employees or employees of external companies that it processes on its own responsibility and its own legal bases. Absoluteyou bv and the User are obliged to treat such personal data in accordance with the Privacy Act and related legislation. Absoluteyou bv shall not be allowed to transfer personal data to the User, except in the cases determined by law. The User shall provide Absoluteyou bv with all information on the applicable legislation that justifies the transfer. In case of authorized transfer, the User shall be bound to take the necessary measures to ensure the security of personal data and to respect the Privacy Act and related legislation. The User shall be responsible for providing Absoluteyou bv with Personal Data only if and to the extent that the User is entitled to do so and has obtained any necessary consent from the data subjects. The User shall indemnify Absoluteyou bv against any claim by candidates, employees, workers or other third parties against Absoluteyou bv in connection with a violation by the User of the provisions of this article and shall reimburse the related costs incurred by Absoluteyou bv. For the execution of the Service Agreement with the User, Absoluteyou bv processes personal data of the User's contacts with due care and confidentiality, in accordance with its privacy policy (to be consulted at https://www.absoluteyou. be/en/privacy-policy). The User declares having read this privacy policy and being sufficiently informed.

24.In case of dispute and/or non-payment, only the courts of the district of Ostend are competent. The agreement between the parties is governed by Belgian law.

25.In case of a serious accident at work, the detailed report must be drawn up by the internal prevention advisor (level I or II) or the external service for prevention and protection at work of the client-client. Absoluteyou bv, as legal employer, is not authorized to draft this report (Codex, Title, II, Chapter I, art. 3 and art. 12).

By accessing and using the website, you expressly agree to the following terms and conditions.

This website and the Absolute YOU brand are the property of Absoluteyou bv.

Contact details:
Absoluteyou bv
Sportstraat 48
8400 Oostende

Address registered office:
Absoluteyou bv
Onledebeekstraat 15
8800 Roeselare

E-mail: payroll@absoluteyou.be

Company number: VAT BE0727.460.507

Supervisory authority: Federgon

By accessing and using the website, you expressly agree to the following terms and conditions.

Intellectual property rights:

The contents of this site, including brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual rights and belong to Absoluteyou bv or entitled third parties.

Limitation of Liability:

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and therefore cannot be considered as personal, professional or legal advice to the user. Absoluteyou bv makes great efforts so that the information made available is complete, correct, accurate and updated. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains inaccuracies or if certain information on or via the website is unavailable, Absoluteyou bv will make every effort to rectify this as soon as possible.

Absoluteyou bv cannot be held liable for direct or indirect damages resulting from the use of the information on this website. If you find any inaccuracies in the information provided on this website, please contact the website administrator. This can be done via the contact form. The content of the website (including links) may be adjusted, modified or completed at any time without notice. Absoluteyou bv does not guarantee the proper functioning of the website and cannot be held liable in any way for the malfunctioning or temporary (un)availability of the website or for any form of damage, direct or indirect, that may result from the access to or use of the website. Absoluteyou bv cannot under any circumstances be held liable to anyone, directly or indirectly, specifically or otherwise, for damages due to the use of this website or any other, especially as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

The website may contain hyperlinks to third-party websites or pages, or refer to them indirectly. The placing of links to these websites or pages in no way implies an implicit approval of their content. Absoluteyou bv expressly declares that it has no control over the content or other characteristics of these websites and cannot in any case be held liable for their content or characteristics or for any other form of damage resulting from their use.

Applicable law and competent courts:

Belgian law applies to this website. In case of a dispute, only the courts of the district of Bruges have jurisdiction.