Work regulations for temporary workers

 

Work regulations for temporary workers

 

General information

Company

• Name: BV AbsoluteYOU

• Registered office: Onledebeekstraat 15, 8800 Roeselare

• Address: Sportstraat 48, 8400 Ostend

• Telephone number and e-mail address: 051 40 31 50, hbo@absoluteyou.be

Nature of the company's activity: temporary employment agency

Competent joint committee: Joint Committee 322 for temporary employment and recognised companies providing neighbourhood work or services

Registration number with the RSZ: 1064402-33

Accident insurance:

• Name and address: FEDERAL INSURANCE Stoofstraat 12 1000 Brussels

• Policy number:

  • Labourers: 010/0097462

  • White-collar workers: 010/0097462

Holiday fund:

• Name and address: National Office for Annual Holidays Warmoesberg 48 1000 Brussels

• Affiliation number: see RSZ number

External service for prevention and protection at work:

• Name and address: ATTENTIA, Keizer Karellaan 584 bus 1 1082 Brussels

• Affiliation number: 309579.1

Social fund

"Social Fund for Temporary Workers", Havenlaan 86C, bus 302, 1000 Brussels

Social secretariat

• Name and address: PARTENA

• Affiliation number: 920 / 6070

 

Fund for occupational diseases

• Name and address: Federal Agency for Occupational Risks (FEDRIS) Avenue de l'Astronomie 1 1210 Brussels

• Affiliation number: see RSZ number

 

CHAPTER I. - General provisions

Art. 1. Scope of the labour regulations

These regulations were drawn up in accordance with the Act of 8 April 1965.

The collective agreements and collective labour agreements concluded within the company and governing the terms and conditions of employment are listed in Appendix 1.

 

Art. 2. Nature of the agreed work

Each temporary worker must perform the work for which he/she was hired.

The main tasks that characterise the position for which he/she was recruited are listed in the temporary employment contract.

 

Art. 3. Workplace

The workplace of each temporary worker is specified in the temporary employment contract.

 

CHAPTER II. – Working hours

Art. 4. Working hours and timetable

Temporary workers are subject to the working hours and provisions regarding working time that apply in the user company where the temporary workers are employed and as specified in its employment regulations.

 

CHAPTER III. – Rest periods

Art. 5. Statutory public holidays

Under the conditions provided for in the legislation on public holidays, the following 10 statutory public holidays are guaranteed to temporary workers:

- New Year's Day (1 January);

- Easter Monday;

- Labour Day (1 May);

- Ascension Day;

- Whit Monday;

- National Holiday (21 July);

- Assumption Day (15 August);

- All Saints' Day (1 November);

- Armistice Day (11 November);

- Christmas Day (25 December).

The user's provisions apply to the replacement provisions for public holidays that fall on a Sunday or a day of inactivity at the user's premises.

Part-time temporary workers with a fixed work schedule who work a five- or six-day week receive their wages for the 10 statutory public holidays mentioned above.

Part-time temporary workers who work less than five or six days a week are entitled to their normal wages for the aforementioned public holidays that fall on a working day for them. Part-time temporary workers with a variable work schedule receive their normal wages for the aforementioned public holidays that coincide with working days. For public holidays that do not coincide with a working day, the part-time temporary worker is entitled to a flat-rate wage (the wage received by the temporary worker for the four weeks preceding the public holiday, divided by the number of days worked in the company during that period).

The provisions applicable to the user regarding extra-legal public holidays apply to temporary workers.

 

Art. 6. Annual leave

§ 1. The duration of the annual leave is determined in accordance with the coordinated laws of 28 June 1971 and their implementing decrees (in particular the Royal Decree of 30 March 1967 on annual leave).

 

§ 2. The temporary worker is entitled to the statutory annual leave.

 

CHAPTER IV. – Wages

Art. 7. Determination of wages

§ 1. The temporary worker's wages shall be equal to those to which he would be entitled if he were permanently employed by the user (hourly wage, bonuses, etc.). Wages shall be determined by the national, sectoral or company scales applicable in the user's company.

 

§ 2. In accordance with CLA No. 19octies or the sectoral collective labour agreements or agreements at company level, the temporary employment agency shall contribute to the costs of transport between the place of residence and the place of employment.

In order to obtain this contribution, the temporary worker must submit the required supporting documents to the temporary employment agency as soon as possible.

 

§ 3. The temporary employment agency shall grant meal vouchers and other wage components in accordance with the sectoral collective labour agreements or agreements at company level.

 

Art. 8. Payment of wages

The temporary worker's wages, including transport allowances, shall be calculated and paid no later than the^8thworking day following the end of the employment contract.

For temporary workers whose wages are partly paid in advance and whose final balance is settled later, this balance must be paid within eight working days following the end of the payment period, provided that the timesheets relate to that period.

The eight working days may be increased to twelve if the advances amount to at least 98 per cent of the net remuneration.

The temporary worker shall be paid by bank transfer, subject to written agreement. To this end, each temporary worker must provide the number of his/her personal bank account to which the wages will be paid in writing.

 

Art. 9. Wages for overtime

Overtime shall be compensated in the same manner as overtime worked by a permanent employee of the user.

 

Art. 10. Deductions from wages

Only the following deductions may be made from the temporary worker's wages:

1° deductions imposed on the basis of tax legislation, social security legislation and provisions based on special or collective agreements on supplementary social security benefits;

2° penalties imposed under these employment regulations;

3° payments and compensation attributable to the liability of the temporary worker, provided that either the temporary worker was informed of the user's regulations at the start of the assignment, or an agreement was concluded after the damaging event occurred, in which liability was acknowledged and agreement was reached on the amount of the deduction, or a judgment has been rendered in this regard. The deduction may not exceed 1/5th of the net salary, except in cases of fraud/intent or when the employee has voluntarily terminated his employment;

4° cash advances on wages not yet earned, paid by the temporary employment agency;

5° the deposit to guarantee the performance of the temporary worker's obligations, insofar as this is provided for in a collective labour agreement concluded with the user or its joint committee.

 

Art. 11. Garnishment and transfer of wages

Wage attachment or transfer shall be carried out on the basis of the conditions and limits provided for by the Act of 12 April 1965 and by the Judicial Code.

 

Art. 12. Repayment of amounts unduly received

The temporary worker undertakes to immediately repay any sums that have been unduly paid to him. The temporary employment agency undertakes to consult with the temporary worker on the terms of repayment and the application of a reasonable deduction, taking into account the temporary worker's wages.

If the temporary worker fails to make repayment, the temporary employment agency shall be entitled to recover the amount due through a collection agency or through legal proceedings.

 

CHAPTER V. - Suspension of the performance of the employment contract

Art. 13. Illness or accident other than an accident at work

§ 1. Incapacity occurring at the workplace

A temporary worker who, upon arrival at the workplace, is unable to start or continue work due to a sudden illness, shall immediately inform the user of his/her condition and inform the temporary employment agency that he/she has left work.

 

§ 2. Obligation to notify and provide a medical certificate

A temporary worker who is unable to attend work due to illness or an accident in their private life must immediately notify the temporary employment agency and the user thereof by telephone, at the latest before the start of the assignment.

The absence must be justified by a medical certificate which:

- is issued or sent to the relevant office of the temporary employment agency within two working days of the start of the incapacity (based on the time of dispatch of the email or the date of the postmark);

- is written in one of the following languages (Dutch, French, German or English);

- contains the following information:

* the date of the examination

* the probable duration of the incapacity for work;

* whether it is a first certificate, an extension or (in the event of a relapse) a new incapacity;

* the reason for the absence (illness, private or work accident, hospitalisation, etc.)

* whether or not the temporary worker is able to travel or visit the doctor designated by the employer (whether or not they are allowed to leave their home)

* the name and address of the attending physician;

* the doctor's signature and stamp.

If the certificate is not submitted or is submitted late (based on the time of dispatch of the email or the date of the postmark), the temporary worker is not entitled to guaranteed pay for the days preceding the issue or dispatch of the medical certificate, unless this obligation could not be fulfilled due to force majeure.

 

§ 3. Obligation to notify and to submit a medical certificate in the event of an extension

When the original incapacity for work is extended, the same rules apply as for the first period of incapacity for work. The temporary worker must immediately notify the user and the temporary employment agency of this by telephone.

The extension of the incapacity must be justified by a new medical certificate, which must be handed over or sent within two working days of notification of the extension of the illness (based on the time of sending the email or the date of the postmark).

If the certificate is not submitted or sent (based on the time of sending the email or the date of the postmark) or is submitted or sent late, the temporary worker is not entitled to any remaining portion of the guaranteed wage for the days preceding the submission or sending of the medical certificate, unless this obligation could not be fulfilled due to force majeure.

 

§ 4. Obligation to notify and to submit a medical certificate when the temporary worker suffers a relapse

A relapse is the incapacity that occurs after the resumption of work, within 14 calendar days of a previous period of incapacity.

In the event of a relapse, the same rules apply as for the previous period of incapacity (see Article 13, §1 and §2). The temporary worker must immediately notify — or have notified — both the relevant office of the temporary employment agency and the user by telephone of his incapacity to go to work, at the latest before the start of the assignment.

In addition, the temporary worker must submit or send a medical certificate within two working days (based on the time of sending the email or the date of the postmark) stating whether the new incapacity is the result of a cause other than the previous illness or accident, other than an accident at work.

If this statement does not appear on the medical certificate, it will be assumed that the two incapacities are the result of the same illness, and this assumption can only be refuted if a new certificate is submitted within a reasonable period of time confirming that the incapacity for work had a different cause.

 

§ 5. Medical supervision

The temporary worker may not refuse to undergo a medical examination arranged by the employer, either at the doctor's surgery or at the temporary worker's place of residence.

In accordance with the Act of 26 December 2013 on the introduction of a unified status for blue-collar and white-collar workers with regard to notice periods, waiting days and accompanying measures, the employment regulations may stipulate that a temporary worker must be available for a visit by a medical examiner at his place of residence or at a place of residence communicated to the temporary employment agency.
Where applicable, a half-day of maximum 4 consecutive hours between and shall be determined and included in the employment regulations.

The company has chosen to apply the above paragraph.

o apply the above paragraph. In that case, the company shall fill in the period during which the temporary worker remains available for a visit by a medical examiner;

o not to apply the above paragraph.

 

Art. 14. Accident at work or accident on the way to and from work

In the event of absence due to an accident at work or an accident on the way to and from work, the same rules and formalities apply as in the case of a work interruption due to illness or an accident other than an accident at work.

Any accident at work must be reported to the temporary employment agency as soon as possible.

Any accident on the way to or from work must be reported to the temporary employment agency as soon as possible, stating the place, time, circumstances, witnesses, etc., and in any case within two working days.

Temporary workers who require medical care as a result of an accident at work should contact their own GP or the nearest hospital, unless the user has an internal medical service.

The temporary employment agency has taken out insurance against accidents at work and accidents on the way to and from work with the company mentioned on the first page of these employment regulations. Temporary workers are obliged to follow the guidelines and information provided by the insurance company and the temporary employment agency.

The temporary employment agency is obliged to report any accident that may give rise to the application of the law on accidents at work to its accident insurance company within 8 calendar days of the day following the accident.

 

Art. 15. Short-term leave

The temporary worker has the right to be absent from work while retaining his/her normal wage, in the event of special family circumstances, to perform civic duties or missions and to appear in person before a court, etc., under the same conditions as those applicable to the user's permanent staff.

 

Art. 16. Absence for compelling reasons

The temporary worker has the right to be absent from work for compelling reasons.

These absences are unpaid, unless otherwise specified by the user.

The regulations on absence for compelling reasons applicable in the user's company or in its sector shall apply to temporary agency workers. If no special provisions have been laid down in the user's company or in its sector, the provisions of collective labour agreement no. 45 of 19 December 1989 introducing leave for compelling reasons shall apply to temporary workers.

 

CHAPTER VI. - Rights and obligations of the parties

Art. 17. Rights and obligations of supervisory staff

The user shall supervise the temporary workers at the place of work.

The personnel responsible for supervision shall be responsible, each within their respective areas of competence, for the proper performance of the work by the temporary agency workers under their supervision and for compliance with the applicable working conditions.

Art. 18. Late arrival and early departure

Late arrival, interruption of work and early departure are not permitted for private matters that can be dealt with outside normal working hours.

The temporary worker may not be absent from work at the user's premises without first requesting permission from the temporary employment agency.

A temporary worker who is absent from work without permission loses the right to his/her wages for the hours he/she did not work. He/she may also be considered to be unlawfully absent.

Art. 19. Justified absence

The temporary worker must justify any absence.

If a temporary worker arrives late or does not arrive at work due to an event that occurred on the way to his/her place of work and that is beyond his/her control, he/she must immediately notify the temporary employment agency.

He/she shall retain his/her normal pay for this absence if he/she can prove the reason for his/her delay or absence in accordance with Article 27 of the Act of 3 July 1978 on employment contracts.

 

In any case, the temporary worker may not be absent from work without having requested permission in advance. If the temporary worker is unable to request "time off" in advance for valid reasons, he/she must inform both the temporary employment agency and the user and justify his/her absence as soon as possible, at the latest within two working days.

A temporary worker who is absent from work without permission or without valid reasons loses the right to his wages for the hours he did not work. He may also be subject to sanctions provided for in these employment regulations.

After a period of unjustified absence, the temporary worker may only resume work after obtaining formal permission from the user or their representative.

If a temporary worker arrives late or does not arrive at work due to an event that occurred on the way to work and that is beyond his control, he must immediately notify the user and the temporary employment agency. He must report the reason for his delay or absence.

The right to wages will only be recognised after the temporary employment agency has been able to verify the facts cited by the temporary worker.

 

Art. 20. Liability

Every temporary worker is responsible for the appropriate use of the equipment and goods made available to them:

- buildings;

- installations;

- machinery;

- equipment;

- personal protective equipment;

- work clothing.

The temporary worker is obliged to return any unused raw materials and materials (documents, etc.) made available to him/her for the performance of his/her work to the user or the temporary employment agency in good condition.

The temporary worker is not liable for normal damage and wear and tear attributable to regular use of the materials and goods, nor for their accidental loss.

In the event of damage to or destruction of materials or goods, the temporary worker may be required to pay compensation if he/she is guilty of gross negligence, professional misconduct or repeated minor misconduct in accordance with Article 18 of the Act of 3 July 1978 on employment contracts.

Compensation payable under the provisions of the previous paragraph shall be determined after the event with the agreement of the parties or by court order; it may be deducted from the temporary worker's remuneration (see Article 10, 3°). The deduction may not exceed 1/5th of the wages payable in cash for each payment, after deduction of the amounts due under tax legislation, social security legislation and private or collective agreements on additional social security benefits. This restriction does not apply if the temporary worker has committed fraud or if the employee has voluntarily terminated his employment.

Upon termination of employment, the temporary worker shall, on his own initiative, return to the user or the temporary employment agency all documents and materials made available to him during the performance of his employment contract.

The obligations set out above apply both to the temporary employment agency and to the user.

Art. 21. Discretion

The temporary worker is prohibited, both during the term of the contract and after its termination, from directly or indirectly disclosing any factory secrets, trade secrets or secrets relating to personal or confidential matters of which he may have become aware in the performance of his duties.

The temporary worker is also prohibited from engaging in or cooperating with acts of unfair competition.

The obligations and prohibitions mentioned above apply both to the temporary employment agency and to the user and to third parties (customers, subcontractors, etc.).

Art. 22. Various prohibitions and rules of conduct

§ 1. It is expressly prohibited for the temporary worker to directly or indirectly promise or receive remuneration, gifts or bribes without the knowledge of the temporary employment agency or the user.

Temporary workers must refrain from any act of unfair competition, both with regard to the temporary employment agency and with regard to the user.

 

§ 2. Temporary workers are expressly prohibited from:

1° to perform work other than that entrusted to them;

2° leaving their workstation;

3° to use or operate a machine or device that has not been entrusted to them;

4° to smoke in a room where this is not permitted;

5° to allow persons who are not employed by the company to enter the premises without permission. This applies both to the temporary employment agency and to the user.

 

§ 3. Temporary workers must behave in accordance with the provisions applicable to the user under collective labour agreement no. 100 with regard to a preventive alcohol and drugs policy.

Art. 23. Personal information

Upon commencement of employment, the temporary worker shall provide the temporary employment agency as soon as possible with all information necessary for the application of social legislation and the acquisition, suspension or expiry of the right to benefits or allowances.

Temporary workers must, on their own initiative, notify the temporary employment agency as soon as possible of any changes in their address, marital status, nationality or family responsibilities.

Temporary workers who are subject to the legal provisions concerning foreign workers shall provide the temporary employment agency with a copy of their identity card and their valid residence and work permits. The temporary worker shall also notify the temporary employment agency immediately of any changes.

The temporary worker is liable for any negligence or delay in submitting the required information and must, where applicable, repay any benefits, allowances or contributions received unlawfully.

The temporary employment agency may at any time ask the temporary worker for a copy of his diplomas and/or certificates.

Art. 24. Collection and processing of personal data

The personal data collected and recorded by the temporary employment agency when the temporary worker is hired and during the term of the employment contract shall be used, with the assistance of the social secretariat if necessary, for payroll and personnel administration purposes.

This mainly concerns the data that appears on the annual individual statement.

The processing of this data is subject to the Act of 8 December 1992 on the protection of privacy. Every temporary worker has the right to request access to the data recorded about him/her. If he/she wishes to exercise this right, he/she may submit a written request to the company. This request is free of charge.

The temporary worker may request in writing to his contact person within the employer's company that incorrect or incomplete personal data, or data that is not or no longer up to date, be corrected or deleted.

 

CHAPTER VII. – Anti-discrimination

Art. 25.

In accordance with anti-discrimination legislation, including the collective labour agreement of 3 October 2011 on the code of conduct for the prevention of discrimination, it is expressly prohibited to discriminate directly or indirectly, to incite discrimination or to intimidate on the basis of any of the protected criteria, in particular age, sexual orientation, marital status, birth, wealth, religion or belief, political or trade union affiliation, language, current or future state of health, disability, physical or genetic characteristics, or social origin.

 

Art. 26.

Without prejudice to the discretion of the court, the fact that the employee directly or indirectly discriminates, incites discrimination or intimidates on the basis of one of the criteria protected by anti-discrimination legislation may be considered an urgent reason for immediate termination by the employer without notice or severance pay.

 

CHAPTER VIII. - Prevention of psychosocial risks at work

Art. 27. Definitions

Psychosocial risks are defined as the likelihood of one or more employees suffering psychological harm, which may or may not be accompanied by physical harm, as a result of exposure to elements of the organisation of work, the content of work, working conditions, working environment and interpersonal relationships at work, over which the employer has an impact and which objectively constitute a hazard.

"Violence" is understood to mean any act whereby an employee, or any other person to whom the provisions on psychosocial risks at work apply, is psychologically or physically threatened or attacked in the course of their work.

Harassment at work is defined as an unlawful series of similar or diverse behaviours, outside or inside the company or institution, which take place over a certain period of time and which have the purpose or effect of violating the personality, dignity or physical or psychological integrity of a person in the performance of their work, to jeopardise their position or to create a threatening, hostile, offensive, humiliating or hurtful environment, expressed in particular through words, threats, actions, gestures or unilateral writings. This behaviour may relate in particular to age, marital status, birth, wealth, religion or belief, political opinion, trade union membership, language, current or future state of health, disability, physical or genetic characteristics, social origin, nationality, so-called race, skin colour, origin, national or ethnic descent, gender, sexual orientation, gender expression and gender identity.

Unwanted sexual behaviour at work is defined as any form of unwanted verbal, non-verbal or physical behaviour with a sexual connotation that has the purpose or effect of violating the dignity of a person or creating an intimidating, hostile, offensive, humiliating or offensive environment.

 

Art. 28. Declaration of principles

Every temporary worker has the right to be treated with respect and consideration.

Temporary workers must refrain from all acts of violence, harassment and unwanted sexual behaviour at work.

 

Art. 29. Procedure

Temporary workers who believe they have suffered psychological damage, whether or not accompanied by physical damage, as a result of psychosocial risks at work at the user's premises, may contact the confidential advisor and/or the psychosocial prevention advisor designated by the user's employment regulations. In that case, the procedure described in those same employment regulations applies.

Temporary workers who believe they are suffering psychological damage, whether or not accompanied by physical damage, as a result of psychosocial risks at work within the organisation of the temporary employment agency can obtain help or advice from the external prevention service ATTENTIA on 02/738.75.31 or at psy.prev@attentia.be.

 

§ 1. Preventive measures and information for temporary workers

The temporary employment agency shall take the necessary measures to protect temporary workers against psychosocial risks at work.

The temporary employment agency shall provide temporary workers with all necessary information concerning these prevention measures, and in particular concerning the procedure to be followed in the event of psychological damage, whether or not accompanied by physical damage, resulting from psychosocial risks at work.

 

§ 2. Appointment of a specialised prevention adviser.

A prevention adviser specialising in the psychosocial aspects of work shall be appointed by the user to carry out various tasks within the company relating to all psychosocial risks at work. Among other things, he is involved in the development of prevention measures, assisting the company with the general risk analysis and can act in both the informal and formal phases of the internal procedure.

In this context, the psychosocial prevention adviser mainly has an advisory role.

 

§ 3. Appointment of a confidential advisor (optional) NOT APPLICABLE

. . . . . is appointed to act as a completely independent confidential advisor. He/she is responsible for receiving and advising the person who claims to be the victim of psychological harm, whether or not accompanied by physical harm, as a result of psychosocial risks at work, but only in relation to the informal part of the procedure.

The confidential advisor shall attempt to reconcile the parties. He/she shall act swiftly and completely impartially.

 

§ 4. Internal procedure

As far as possible, the solution is initially sought during a direct meeting between the parties concerned.

 

1. Informal psychosocial intervention

If this attempt does not produce satisfactory results or is impossible, the person who believes they are suffering psychological damage, whether or not accompanied by physical damage, as a result of psychosocial risks at work shall contact the confidential advisor designated above, unless they prefer to contact the competent psychosocial prevention adviser directly.

The confidential advisor or prevention advisor for psychosocial aspects shall hear the employee within 10 calendar days of the first contact and inform him of the possibility of reaching an informal solution.

The confidential advisor or the prevention advisor for psychosocial aspects shall sign a document setting out the type of informal psychosocial intervention chosen by the applicant. This document shall also be dated and signed by the applicant, who shall receive a copy.

The confidential advisor and the psychosocial prevention advisor shall only act with the consent of the employee concerned. The conciliation process requires the agreement of both parties.

If the employee does not wish to seek an informal solution, wishes to terminate this procedure, the intervention does not lead to a solution, or the facts or psychosocial stress continue to exist, the employee may submit a request for formal intervention to the psychosocial prevention advisor.

 

2. Formal psychosocial intervention

The employee can only submit a request for formal psychosocial intervention to the psychosocial prevention advisor. A personal interview must have taken place beforehand.

The psychosocial prevention advisor and the employee wishing to submit the request shall ensure that the personal interview takes place within 10 calendar days of the employee expressing their wish to submit the request.

The request for formal psychosocial intervention is recorded in a document dated and signed by the applicant. This document contains a description of the problematic work situation and the request to the employer to take appropriate measures, and is delivered to the psychosocial prevention advisor. The prevention adviser shall sign a copy of the request and send it to the applicant. This copy shall serve as proof of receipt. If the request was sent by registered letter, it shall be deemed to have been received on the third working day after the date of dispatch.

The psychosocial prevention advisor has the authority to refuse to submit a request if it does not relate to psychosocial risks at work. Notification of this refusal must be given within 10 calendar days of receipt of the request.

 

2.A. Collective requests

If the request relates to risks that are primarily collective in nature, it is up to the psychosocial prevention advisor to inform the employer and to inform them that they must respond to this request within a period of three months.

The psychosocial prevention advisor informs the applicant that this is a collective request to which the employer must respond within three months.

The employer is obliged to consult with the committee for prevention and protection at work or the trade union delegation, after which he will decide on the action to be taken in response to the request.

Depending on this decision, the psychosocial prevention adviser shall, at the employer's request, carry out a risk analysis of the applicant's work situation within six months of the request being submitted and provide the employer with advice that includes the results of this analysis as well as proposals for collective and individual measures to be taken.

If the applicant's health could be seriously affected, the psychosocial prevention adviser will propose preventive measures of a protective nature while the employer is processing the request.

If the psychosocial problem is resolved by measures taken by the employer, the prevention adviser for psychosocial aspects will discontinue processing the request.

If the employer does not comply with the request, decides that no measures will be taken, or if the applicant considers that the preventive measures are not appropriate to the individual situation, the psychosocial prevention adviser shall still take over the handling of the request, provided that he has not been involved in the employer's handling of the request and subject to the employee's agreement.

 

2.B. Requests of an individual nature

If the request relates to risks that are mainly of an individual nature, the psychosocial prevention adviser shall inform the employer in writing as soon as possible and disclose the identity of the applicant.

The psychosocial prevention adviser shall impartially investigate the situation and hear the persons he or she deems useful.

The prevention adviser shall conclude his work with a recommendation to the employer. This must be done within a period of three months. An extension may be requested for a maximum period of six months, provided that a written explanation is given to the employer, the applicant and those directly involved.

With the consent of the applicant, the confidential advisor who was involved in the informal phase may receive a copy of the report.

The psychosocial prevention adviser shall inform the applicant and other directly involved parties in writing of the date on which he submitted his advice to the employer, the prevention measures and the justification for the prevention measures.

The psychosocial prevention adviser sends the proposed measures and their justification to the prevention adviser responsible for the internal occupational health and safety service.

Within one month, the employer who intends to take individual measures shall inform the applicant in writing. If the applicant's working conditions are changed, the employer shall hear the applicant and provide him with a copy of the advice. The applicant may be assisted by a person of his choice.

Within two months of receipt, the employer shall inform the psychosocial prevention adviser, the applicant, those directly concerned and the internal prevention adviser in writing of the action taken in response to the advice of the psychosocial prevention adviser.

 

3. Formal psychosocial intervention for incidents of violence, harassment or unwanted sexual behaviour at work

If, according to the employee, the request for formal psychosocial intervention relates to acts of violence, harassment or unwanted sexual behaviour at work, the same provisions apply as for a request for formal psychosocial intervention, with a few additional provisions:

• The dated and signed document contains the following information:

  • a detailed description of the incidents that, according to the employee, constitute violence, harassment or unwanted sexual behaviour at work;

  • the time and place where these facts occurred;

  • the identity of the accused;

  • the request to the employer to take appropriate measures to put an end to the facts.

• This request may be refused by the psychosocial prevention adviser if the situation described by the applicant does not appear to constitute violence, harassment or unwanted sexual behaviour at work. Notification of the refusal or acceptance of the request shall be given no later than 10 calendar days after receipt of the request.

• After receiving the request for formal psychosocial intervention for acts of violence, harassment or unwanted sexual behaviour at work, the psychosocial prevention advisor shall immediately inform the employer that the employee who submitted this request is protected against reprisals. This protection is only valid if the psychosocial prevention adviser accepts the request.

• The psychosocial prevention adviser shall inform the accused as soon as possible of the allegations against them.

• The psychosocial prevention adviser shall hear the persons, witnesses or others whom he or she deems useful.

• The psychosocial prevention adviser shall inform the employer that the direct witnesses are protected against reprisals and shall disclose the identity of the witnesses to the employer.

Where appropriate, the employer shall ensure the reinstatement of the person who claims to be the victim of psychological harm, whether or not accompanied by physical harm, as a result of psychosocial risks at work, and shall take the necessary measures to support this person following their reinstatement.

Without prejudice to the above internal procedure, the employee's first points of contact shall remain the employer or the employee's line manager who is directly responsible for resolving the problem raised.

 

§ 5. External procedure

If the employer fails to fulfil its obligations under the regulations on psychosocial risks at work, the employee may refer the matter to the occupational health and safety inspectorate and may bring an action before the courts.

However, the parties should give priority to an amicable settlement of the dispute.

 

§ 6. Sanctions

Except in the case of offensive or defamatory allegations, no sanctions may be imposed on the temporary worker who has lodged a complaint.

In view of the seriousness of the facts, a temporary worker who is guilty of violence, harassment or unwanted sexual behaviour at work or who has abused the complaints procedure may be subject to one of the sanctions provided for in Article 32.

CHAPTER IX. - Termination of the employment contract

Art. 30. Probationary period

The duration of the probationary period for each temporary worker shall be specified in his/her employment contract.

Unless otherwise specified, the first three working days shall be considered a probationary period. Until the end of this probationary period, either party may terminate the contract without notice or compensation.

In the case of successive contracts in the same position with the same user, the probationary period shall only apply to the first employment contract.

Art. 31. General provisions concerning the termination of the employment contract for temporary agency work

If a fixed-term contract or a contract for a specific task is terminated before the scheduled date or before the agreed work is completed, the initiator shall be obliged to pay the other party compensation equal to the wages that would still be due; however, this compensation may not exceed twice the compensation that would have been paid if the contract had been for an indefinite period.

With regard to temporary employment contracts, the temporary employment agency shall be exempt from paying the compensation provided for in the previous paragraph if the termination of the employment contract is caused by the user and insofar as the temporary employment agency provides the temporary worker with replacement work for the remaining period at the same wage and equivalent working conditions.

 

Art. 32. Urgent reasons and penalties

§ 1. Urgent reasons

Without prejudice to the sovereign assessment by the Labour Court, the following facts, among others, may be considered urgent reasons:

a) repeated unjustified absences despite warnings from the temporary employment agency;

b) refusal to perform the work entrusted and any clear act of insubordination;

c) failure to comply with basic safety concepts;

d) serious and deliberate negligence;

e) theft;

f) falsification of performance sheets and medical certificates;

g) aggression in the workplace or towards employees of the temporary employment agency

h) alcohol and drug use in the workplace or being under the influence of alcohol or narcotics in the workplace, thereby creating a danger to oneself, colleagues or other third parties; being in drinking establishments during working hours;

i) disclosing private information about the user or the temporary employment agency that is detrimental to the user and/or the temporary employment agency;

j) committing an act of dishonesty, committing acts of violence, uttering gross insults or spreading lies about the employer, supervisory staff and/or customers in any way whatsoever, including on social media;

k) deliberately causing or inflicting material damage to the employer's equipment, products, vehicles or machines;

This list serves as an example and is not exhaustive. This applies both to the employment agency and to the user.

 

§ 2. Sanctions

Failure by the temporary worker to comply with the obligations in his contract and in these employment regulations, which do not, however, constitute urgent reasons justifying termination of the contract, may be punished with a fine of between EUR 10 and EUR 50.

The fines shall be used for the benefit of the staff in accordance with the following guidelines: the destination shall be determined when a decision is made on how to spend the proceeds of the fines.

The possibilities for redress are as follows: a temporary worker who is subject to such a penalty has the right to appeal to the temporary employment agency. This appeal must be lodged within seven calendar days of the notification of the penalty, by registered letter addressed to the contact person at the office. The contact person will then forward it to the personnel department, which will decide after consultation with the head of the company within 15 calendar days of receipt of the registered letter.

CHAPTER X. - Hygiene, health and safety at work

Art. 33.

§ 1. For their own safety, temporary workers are obliged to comply with the general guidelines provided by the temporary employment agency or by the persons responsible for supervision.

This applies both to the temporary employment agency and to the user.

 

§ 2. Temporary workers must comply with all special hygiene regulations that are communicated to each temporary worker individually or to all staff by means of a notice.

This applies both to the temporary employment agency and to the user.

 

§ 3. In addition to the medical examination that may be required before the temporary worker is recruited, or those required by the General Regulations for Occupational Safety, the temporary employment agency may request the occupational physician to examine a temporary worker (e.g. after illness or epidemic).

The occupational physician shall decide independently whether to comply with this request.

 

§ 4. Urgent medical assistance

A first aid kit is available to staff in the kitchen or storeroom, as well as in a designated place in the customer-user's premises.

In the event of an accident, first aid is administered by the designated first aiders in the company.

A temporary worker who is the victim of an accident at work is free to choose his doctor, pharmacist and healthcare provider.

The user shall inform temporary workers of the location of an emergency service, as well as the name of the person responsible for providing first aid in the event of an accident at work.

 

CHAPTER XI. - Committee, works council and inspection services

Art. 34. Prevention advisers, committee for prevention and protection at work, works council, trade union delegation

The names of the prevention advisers, the names of the members of the committee for prevention and protection at work, the names of the members of the works council or trade union delegation are listed in Appendix 2.

Art. 35. Supervisory and inspection services

The officials and civil servants responsible for supervising the application of the legal and regulatory provisions relating to the protection of workers can be contacted at the following addresses:

- Supervision of social legislation: Supervision of Social Legislation Directorate West Flanders, FAC Kamgebouw

Koning Albert I laan 1-5 bus 4 8200 Bruges Tel.: 02 233 43 80 E-mail: tsw.west-vlaanderen@werk.belgie.be

- Supervision of well-being at work: Supervision of Well-being at Work Directorate West Flanders FAC Kamgebouw Koning Albert I laan 1-5 bus 5 8200 Bruges Tel: 02 233 42 40 E-mail: tww.west-vlaanderen@werk.belgie.be

- Social inspection: West Flanders Region Gistelse Steenweg 300/0101 8200 Bruges Tel.: 050 44 59 60

Email: socinspwvlaanderen@minsoc.fed.be

 

 

CHAPTER XII. - Publication, entry into force and signature

These regulations were drawn up and regularly submitted to the employees for their opinion in accordance with the provisions of the Act of 8 April 1965.

A copy of these regulations was sent to the Social Laws Inspectorate of the Federal Public Service Employment, Labour and Social Dialogue.

Registration number with the Social Laws Inspectorate:

 

Date of entry into force: 1 July 2025

 

Signature of company director:
 

 

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Appendix 1. Company collective labour agreements.

 

N/A

Appendix 2. The names of the prevention advisers, the names of the members of the committee for prevention and protection at work, the names of the members of the works council or the trade union delegation.

Internal prevention adviser Charlene Demuynck