These general terms and conditions are drafted in accordance with current legislation.
The company engaged in temporary employment, recruitment and selection of personnel, assessment, and/or recommendation of candidates is hereinafter referred to as "the Company."
1 Scope of Application
These general terms and conditions may not be altered and apply exclusively to all contracts, even oral, entered into in the context of business relationships following an initial order. Any contract between the parties is deemed to be governed by these conditions. The application of these general terms and conditions can only be modified by a written agreement on our part. Unless explicitly and in writing agreed otherwise, the general terms and conditions of purchase and sale stated in written documents of our customers are not opposable to us. The contract is always deemed to have been concluded on our own terms, and acceptance of an order does not imply acceptance of the purchasing conditions of our contracting party. The counterparty expressly declares to irrevocably waive the benefit of its own conditions in the context of the relations entered into between the parties, including future relations, unless expressly agreed otherwise in writing. Commitments made by agents and representatives of our company are binding only after being confirmed in writing by him or performed by the company without reservation. Unless agreed otherwise in writing, such commitments are always subject to a suspensive condition. Any agreement between the parties lacking a written document is contractually and explicitly subject to these conditions, forming at least a default framework agreement.
All contracts are interpreted and executed in accordance with the specific conditions agreed upon at the time of the order and the general conditions outlined below, which, together with the previously drawn-up contract between the customer and the Company, form an indivisible whole.
3 Contract Modification
Any modification regarding any of the specific conditions initially included in the contract must be the subject of a written amendment.
4 Conventional Dispute Settlement Time of the Invoice
Any invoice prepared by the Company is definitively accepted by the customer if it has not been the subject of an expressly motivated dispute by registered letter within one week after receipt. This last one is contractually deemed to have taken place on the third working day after the date of issue. However, since the final signature on the contract is affixed by the Company, thereby making the contract legally valid, any contract is contractually and irrevocably deemed to have been concluded at the registered office of the Company.
5 Payment of Invoices, Delayed Interest & Penalty Clause
Unless expressly stated otherwise in the specific conditions of the contract or mentioned on the invoice, the invoice is payable in cash. Any invoice that remains unpaid for more than 8 calendar days after the due date will, by operation of law and without prior notice, be subject to a conventional late interest of 12% per annum and, as a fixed penalty clause, increased by an amount equal to 15% of the outstanding balance with a minimum of €50 excluding VAT. The aforementioned contractual interest also applies to the penalty due. In the event that the customer is considered a consumer within the meaning of the law of July 14, 1991, the aforementioned penalty clause will also apply to the Company in the event that it fails to fulfill its own contractual obligations (reciprocity clause). Payment must be made in accordance with the details on the invoice, without charges for any reason, even in the case of successive contracts. Any partial payment will be charged first to the costs, then to the overdue interest, and finally to the principal, in accordance with Article 1254 of the French Civil Code, notwithstanding the content of any settlement account and any interim allocation previously communicated.
6 Loss Conditions
In case of non-payment of a due invoice, the Company is authorized to, without notice and by operation of law, invoke the loss of the term provided for other invoices that have been sent but are not yet due. Consequently, all outstanding invoices (principal and accessories) become immediately due.
7 Transferability of Sums
All sums owed by a party under the agreement are contractually declared transferable to the registered office or residence of the creditor, are not transferable, which is an exception to common law.
8 Applicable Law & Jurisdiction
Any dispute relating to the validity, interpretation, or execution of the contract falls under the exclusive jurisdiction of the courts of the place where the Company has its registered office, the courts of the place where the contract was concluded, the courts of the place of partial performance of the contract, and the courts of the place where the invoices are paid, taking into account the transferability clause. In all circumstances, the agreement is deemed to be concluded under Belgian law, notwithstanding any foreign element.
9 Privacy Protection
Both parties will individually comply with the applicable legislation on confidentiality and data protection in the context of the agreed services. In accordance with the applicable legislation, each party is responsible for the processing of personal data of candidates, applicants, temporary workers, permanent employees, contacts, and other related individuals in the context of current or future contracts. The parties agree that personal data may be exchanged. Each party is responsible for ensuring that personal data is only disclosed when legally permitted and with the necessary consent of the data subject. The customer acts as the data controller and undertakes to comply with all obligations regarding the protection of personal data. In particular, the customer guarantees to take appropriate technical and organizational measures to ensure that the processing of personal data complies with legal requirements and ensures the protection of the rights of the data subject. It is the customer's responsibility to ensure that individuals designated to process personal data commit to ensuring the confidentiality of the data or are bound by an appropriate legal obligation of confidentiality. The customer will immediately delete all personal data of a candidate proposed by us if it decides not to retain that candidate. Furthermore, once the services have been provided, the customer will delete or return all personal data and dispose of all existing copies, unless the retention of personal data is required by the legislation of the European Union or a member state.
Specific Conditions for Temporary Employment Contracts:
Specific Conditions for the Temporary Placement Agreement:
10 Agreements & Notification of Legal Information
In cases provided for by legislation regulating the secondment of temporary workers to users, it is the customer's responsibility, if necessary, to obtain the agreement of the works council and inform the labor inspector or, in the absence of a works council, to the Social Fund (CCT108) for temporary workers of his name, address, joint committee number, and the name and address of his temporary employment agency. Only at the written request of the customer will the Company take these steps on behalf of the customer and based on the information provided, with the understanding that the Company accepts no responsibility for the accuracy of the information it conveys, as it acts in this case solely as an intermediary. It is not the responsibility of the Company to verify the data transmitted in advance.
11 Signing of the Employment Contract
The customer undertakes to have the relevant temporary employment contract signed and to send a copy of the legally signed contract to the Company before the start of the assignment.
12 Obligation to Provide Complete Information
The customer undertakes, at the beginning of the contract and throughout its duration, to immediately and in writing communicate all necessary information and any changes to the Company. This information obligation includes, but is not limited to, the following points:
- The reason for resorting to temporary work
- The identification of the temporary worker's tasks
- The place where the work is performed
- The working hours
- The hourly wage and any other allowances
- The estimated duration of the assignment
The customer also undertakes to provide the Company with a copy of the entry and exit registry, as well as a copy of any other required document. The customer undertakes to provide the Company with a copy of the temporary employment contract, signed by both parties.
13 QUALIFICATION OF THE TEMPORARY WORKER
The company pays careful attention to the selection of temporary personnel. If the client identifies a non-conformity in the qualifications of the temporary worker, they must report it in writing (via email or fax) within the first four working hours. The client must also report any delays or shortcomings of the temporary worker. The company cannot be held liable in any way for the consequences of the absence of its temporary workers.
14 RIGHT TO UNILATERAL EXPANSION OF THE STAFF
The company reserves the right to withdraw its personnel without compensation or prior notice in case of late payment, non-compliance with legislation, non-compliance with these general terms and conditions, or if the moral or unethical treatment of the employees by the client makes it impossible to continue the collaboration.
15 PRE-EMPLOYMENT COMMITMENT OF THE TEMPORARY WORKER
If the client enters into an employment relationship with the temporary worker for the same or a different position before the end of the minimum contract period of 85 days (full-time), without the involvement of the company, the client will pay the company a compensation as specified in the company's quote.
16 TERMINATION OR NULLITY OF THE AGREEMENT
In accordance with articles 1226 and following of the Civil Code, the client who unilaterally and prematurely terminates the agreement will pay the company, as a lump sum and irreducible compensation, an amount equal to the invoices that would have been issued by the company if the agreement had been fully executed, with a minimum of €50.00 excluding VAT per calendar day. If the contract was concluded for an indefinite period, the client will pay an amount equal to the invoices of the last 30 working days. The same applies in the case of nullity of these temporary employment agreements due to the client's non-compliance with obligations imposed by law or the agreement, or due to incorrect information provided by the client at the conclusion of the agreement. These amounts are due automatically, without the need for formal notice to the client.
17 CLIENT'S LIABILITY
The civil liability, as provided in Article 1384 paragraph 3 of the Civil Code, is solely the responsibility of the client, who is solely liable for any damage caused by the temporary personnel working under its authority, whether the damage is caused to third parties or directly to the client as a result of the employment of this temporary personnel on the client's premises. Consequently, the company cannot be held liable for the loss, theft, damage, or disappearance of material, money, securities, or goods, whether or not entrusted to the temporary personnel, or for any other fraudulent inconvenience caused by the temporary personnel. The company is also not liable for loans or advances in kind granted by the client to temporary workers. In addition, the recovery of costs arising from the use of a vehicle, phone and/or mobile phone for private purposes, meals consumed on company premises, authorized purchases, etc., will be carried out without the intervention of the company. Regarding the selection, the company's liability can never be invoked if the client has selected the temporary worker(s) themselves.
18 RESPONSIBILITY FOR WORK SAFETY
The client is solely responsible for the application of the provisions of labor protection legislation for temporary workers, including the verification of the professional and medical qualifications of the temporary worker, information about risks, the provision of workwear and protective equipment, and will not allow the temporary worker to perform work in dangerous, annoying, or unhealthy places. As for manual laborers, work in the air and underground, and all hazardous activities, are only allowed if explicitly mentioned and specified in the agreement and may be covered by an additional insurance premium borne by the client.
19 IMPOSSIBILITY OF ASSIGNED TASKS
Unless prior written consent from the Company, the client may not assign temporary personnel to tasks other than those for which they have been made available.
20 MEDICAL EXAMINATION
The client undertakes to immediately inform the company's establishment of temporary workers who have not yet undergone a medical examination.
21 WORK ACCIDENT
In case of a work accident involving a temporary worker, the client, after taking emergency measures, must immediately notify the Company or its agency by email or fax and provide all the information necessary to declare the accident to its insurance company. Any delay or failure to inform the Company of the accident and its circumstances will directly lead to the client's liability.
22 IDENTITY OF RIGHTS
The client is legally obliged to grant temporary workers the same rights and benefits in kind as to its own employees (canteen, drinks, transportation, meal vouchers, etc.).
23 WORK INTERRUPTION
Work interruptions for rest, meals, etc., as well as free hours that the client normally pays to its staff, are considered as working hours and will be invoiced to the client.
24 SPECIAL EMPLOYMENT ARRANGEMENTS
If legal provisions require the employer to pay a contribution, whether fixed or not, related to a special employment arrangement, the Company will invoice this contribution additionally to the client.
25 LIABILITY OF WORKSHEETS
The signature of the client or one of its authorized representatives on the timesheet of the temporary worker, or even the simple stamp of the company, confirms the accuracy of the information stated on it. The capacity or authority of the signatories, who are contractually assumed to bind the client based on the theory of apparent authority, cannot be disputed against the company, except in case of intentional error by the company. In the case of automated processing of data related to services, the client is always deemed to agree with the data as transmitted electronically or automatically to the Company. Any mistake must be communicated in writing (fax or email) within 48 hours of the date of the erroneous form, under penalty of forfeiture. The communication of this file to the Company implies a prior thorough check by the client, who is therefore presumed to be correct and to have made an extrajudicial confession, as the information comes exclusively from him. Only in case of force majeure or an insurmountable error can a correction be made after the aforementioned 48-hour period.
26 INVOICING BASIS
Invoicing is based on:
the originally agreed invoicing rate, if necessary revised based on legal obligations.
the performances mentioned on the service sheet (written or electronic or automated transmission), which must reach the establishment of the company within 24 hours after the end of the weekly or monthly performances of the temporary worker (depending on the provisions of the contract).
27 TERMINATION OF THE EMPLOYMENT CONTRACT BEFORE THE END OF THE ASSIGNMENT CONTRACT
In the event that, during the execution of the secondment agreement, the contract of a provided worker is terminated before the end of the term, the parties agree to acknowledge that the Company, which undertakes to make every effort to immediately find a suitable replacement, is only bound by a commitment of means and that the client cannot therefore blame it for not being able to provide a replacement.
Specific conditions regarding the temporary employment agreement:
DEADLINE FOR SIGNING THE EMPLOYMENT CONTRACT
The temporary worker undertakes to sign the temporary employment agreement before the start of the temporary assignment.
28 PERFORMANCE DECLARATION
The temporary worker undertakes to submit the performance statement accepted and signed by the client to the company or its temporary employment agency within 24 hours after the end of the assignment. Only the hours overview accepted and signed by the client is considered authentic for the calculation of the compensation due to the temporary worker.
29 PAYMENT TERM
Provided that the temporary worker has fully completed and signed the hours statement within the stipulated period, the temporary worker will receive their salary within 8 working days at the latest.
30 FORCE MAJEURE
If the employment contract cannot be executed due to force majeure, strike, or lockout at the client, the company is in no case obliged to pay salary or compensation to the temporary worker.
If the temporary worker enters into a part-time temporary employment agreement, the performances will be paid in accordance with the legislation on the payment of overtime and extra hours.