General terms and conditions
 

1. These general terms and conditions have been drawn up in accordance with the Act of 24 July 1987 on temporary work, temporary employment and the provision of workers for the benefit of users, including the applicable collective labour agreements of the NAR and PC 322 temporary employment.
    
2. The provision of temporary workers is subject to the conditions agreed upon in the application, the Cooperation Agreement and the user agreement, as well as the general terms and conditions set out below, which form an integral part of the Cooperation Agreement.  Any deviation from these general terms and conditions must be agreed in advance in writing. These general terms and conditions of the temporary employment agency always take precedence over the general terms and conditions of the user.
    
3. In accordance with CLA 38 quater of 14 July 1999, the temporary employment agency may not treat candidates in a discriminatory manner. The user is therefore only permitted to formulate job-related criteria in its request.
    
4. These general terms and conditions – and in particular Article 5 – also apply as soon as the user entrusts a request to the employment agency and the employment agency proposes candidates to the user.
    
5. The user is prohibited from entering into a direct or indirect employment relationship with a temporary worker who has been selected by Absolute Jobs and will be made available or has been made available or was made available through Absolute Jobs. This prohibition applies regardless of the position that the temporary worker will perform at the user's premises. This prohibition is lifted after the temporary worker has been made available to the user via Absolute Jobs for at least 135 working days. Working days are defined as days on which the temporary worker actually performed work for the user.
   If the user violates this prohibition, they are obliged to pay compensation to Absolute Jobs. The amount of the compensation is calculated as follows:
   Annual salary of the temporary worker concerned x selection percentage x (135 – number of working days worked)/135.

The above compensation is fixed on a flat-rate basis on the basis of the mutual agreement between the user and the temporary employment agency that the damage suffered by the temporary employment agency is based, among other things, on the costs that the user would have to incur for prospecting, selecting and screening an employee with the same qualifications, as well as the lost profit of the temporary employment agency.
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 worker.
Entering into an employment relationship with the temporary worker is understood to mean:
- The conclusion of an employment contract by the user with the temporary worker;
- The conclusion of a self-employed cooperation agreement by the user with the temporary worker
- Having the temporary worker made available to the user by a third party (e.g. another temporary employment agency);
- Entering into a contract for services with a third party who has recruited the temporary worker;
- Concluding a training agreement with the temporary worker (including an IBO agreement);
- Entering into an internship agreement with the temporary worker (e.g. a BIS agreement);
- Entering into an employment relationship between the temporary worker and a third party, whereby the user and that third party belong to the same group, are parent or subsidiary companies of each other, are affiliated or associated companies within the meaning of Article 11 of the Companies Code, have the same legally appointed or de facto directors, are established at the same address or have a branch at the same address.

The term 'temporary worker' means:

- The temporary worker selected by the temporary employment agency who is or was made available to the user under a temporary employment contract;
- The candidate temporary worker selected by the temporary employment agency and proposed to the user, even if the temporary worker has not yet performed any work for the user.

The annual wage of the temporary worker is understood to mean:

- If the temporary worker has already worked for the user: the last 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 for the user: the wage applicable at the user for the position in question (with a minimum of the user's PC scales) x the average number of hours per week applicable in the user's sector x 4.33 x 13.92.
The non-solicitation clause expires 12 months after the last day on which the temporary worker performed services for the user via Absolute Jobs.

6. The user undertakes to communicate all necessary information and any changes to the temporary employment agency in writing without delay at the start of and during the term of the user agreement. Without being exhaustive, the following information must in any case be communicated to the temporary employment agency: regarding the reason for using temporary labour and the presence or absence of a trade union delegation; regarding the remuneration conditions of permanent staff, including bonuses and various benefits applicable at the user's premises, as well as the conditions for granting them; the activities of the user and the joint committee to which the user belongs, the workstation at which the temporary worker will be employed, the professional qualifications required of the temporary worker, the results of the risk assessments of the temporary worker's activities, any necessary medical supervision and personal protective equipment; regarding possible situations of strike or lockout, in which case the user must notify the temporary employment agency in advance and within the legal time limits; regarding any accident at work; regarding the manner in which a flexi-job worker must be registered with Dimona; regarding the late arrival or absence of temporary workers; regarding bad weather; regarding the non-renewal of an assignment; regarding the applicable working time regulations at the user's premises. The user is solely liable for the consequences of not passing on this information (in time), or passing it on insufficiently or incorrectly. All corrections, late notifications and/or costs caused by this will be invoiced to the user at the agreed coefficient. The user will also indemnify the temporary employment agency against any claims from third parties as a result of the failure to provide all necessary information (on time) correctly.
    
7. The user is solely responsible for the correct application of motives and terms for temporary work. Within the framework of these motives, the user shall, in the cases provided for by law, obtain the necessary permits and notifications relating to the employment of temporary workers.
    
8. The temporary employment agency is in no way liable for the consequences of the absence and/or late arrival of its temporary workers. If a temporary worker arrives late or is absent, the user shall immediately notify the temporary employment agency.
    
9. The user may not call on the services of the temporary employment agency in the event of a strike or lockout at its company. In such cases, the user must immediately notify the temporary employment agency in writing. The user may not claim compensation for the compulsory withdrawal of temporary workers in such cases.
    
10. Throughout the entire period of the temporary worker's employment with the user, the user shall, in accordance with Article 19 of the Act of 24 July 1987, be responsible for the application of the provisions of the legislation on the regulation and protection of labour applicable at the place of employment. It follows that the user must treat temporary workers on the same basis as its permanent staff, including in terms of working hours, reduction in working hours, compensation, breaks, public holidays, Sunday work, night work, the well-being of the temporary worker at work, etc.
     
11. In accordance with Article 10 of the Act of 24 July 1987, temporary workers 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 were permanently employed by the user. On the basis of Article 6 of these general terms and conditions, the user must communicate this wage information and any changes thereto to the temporary employment agency. The user is solely liable for the consequences of not communicating this information (in a timely manner), or communicating it incompletely or incorrectly. Apart from this obligation to provide information, the user must always bear the cost of any wage corrections during or after the end of the assignment, which are calculated using the same coefficient as provided for in the cooperation agreement.
     
12. The temporary worker enjoys the same level of protection as the company's permanent employees with regard to occupational safety and health. Pursuant to Article X.2-3 of the Codex on Well-being at Work, the user is obliged to provide the temporary employment agency with all information concerning the required professional qualifications and the specific characteristics of the workstation before the temporary worker is made available. In the cases provided for, the user must complete the job description form and submit it to the temporary employment agency before the temporary worker is made available. The temporary worker may only perform the tasks specified in the job description form. The user must immediately notify the temporary employment agency of any changes to the job description (including tasks and location). In this case, a new workstation form must be provided and the temporary worker may only perform the work of the workstation in question once the workstation form has been delivered to the temporary employment agency and the temporary worker, and has also been reviewed with the temporary worker concerned.
    
    In accordance with Article X.2-10 of the Codex on Well-being at Work, the user bears final responsibility for providing work clothing and personal protective equipment, as well as for cleaning, repairing and maintaining them in a normal usable condition, even if a different commercial agreement on the supply thereof has been concluded with the temporary employment agency.
    The user is generally responsible for complying with all legal obligations incumbent upon them as provided for in the Codex on Well-being at Work.
     
13. The user bears the civil liability provided for in Article 6.14 (new) of the Civil Code. Consequently, the user is solely liable for any damage caused by the temporary worker to third parties. It is recommended that a 'temporary work clause' be included in the user's civil liability insurance. The temporary employment agency is not liable for damage caused by the temporary worker during and as a result of his employment with the user. Nor is the temporary employment agency liable in the event of damage, loss, theft or disappearance of materials, money or goods entrusted to the temporary worker. The temporary employment agency is also not liable for loans or advances in kind or cash that may be granted by the user to the temporary worker.
    The recovery of costs resulting from the use of the telephone for personal purposes by the temporary worker, meals consumed in the company restaurant, (un)authorised purchases, traffic fines, etc. will always be done without the mediation of the temporary employment agency. The temporary employment agency cannot be held liable for such costs.
    With regard to selection, the temporary employment agency can never be held liable if the user selects the candidate temporary workers themselves.

14. Liability

14.1 Absolute@work/construct is the sole contractor for all services provided by its directors, employees or other auxiliary persons.
14.2 Compensation for damage caused by the non-fulfilment of a contractual obligation included in this contract is governed exclusively by the rules of contract law within the legal limits, even if the event that gave rise to the damage also constitutes a wrongful act.
14.3 Compensation for damage caused by the non-fulfilment of a contractual obligation by an auxiliary person may, within the legal limits, only form the basis for a liability claim against the principal debtor and not for a non-contractual liability claim against the auxiliary person, even if the event that caused the damage also constitutes a wrongful act.
14.4 In relation to the end customer(s), the customer shall in turn fully exclude the non-contractual liability of Absolute@work/construct and its auxiliary persons within the legal limits by imposing the provision described above on the end customer(s).
14.5 If the customer fails to comply with this obligation (in a timely manner), the customer shall indemnify Absolute@work/construct and/or its auxiliary persons for its non-contractual liability towards the end customer(s). In that case, the customer shall also be obliged to compensate Absolute@work/construct and/or its auxiliary persons for all losses, damage, (legal) costs and expenses arising from or related to this.
14.6 Except where the fault affects the life or physical integrity of a person, Absolute@work/construct can only be held liable for its own intent, gross negligence or that of its appointees or, except in cases of force majeure, for the non-performance of the essential obligations that form the subject matter of this contract. This exclusion applies to all damage, direct or indirect, arising from or related to the performance of this contract.
14.7 Absolute@work/construct cannot be held liable for indirect damage, including, but not limited to, anticipated or lost profits, loss of income, loss of opportunity, and damage to the customer's image or reputation.
14.8 The total liability of Absolute@work and all and each of its directors, employees and other auxiliary persons is, within the legal limits, in any case limited to the lower of either (i) the total amount covered by Absolute@work/construct's liability insurance, or (ii) the total invoice value of the goods and/or services supplied by Absolute@work/construct under this contract to which the liability relates.
14.9 Articles 14.1 – 14.8 of these general terms and conditions apply notwithstanding any contractual provisions to the contrary and without prejudice to any mandatory legal provisions to the contrary.
 

15. Indivisibility clause
    If any provision in these general terms and conditions and/or the agreement between the parties is unenforceable or conflicts with a provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these general terms and conditions and/or the agreement between the parties, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or contrary to mandatory law. In this case, the parties shall immediately discuss in good faith replacing the invalid or unenforceable provision with a provision that is valid and enforceable and that most closely reflects the intention underlying the invalid or unenforceable provision.
    
     
16. If a temporary worker is involved in an accident at work, the user shall, after taking all necessary urgent measures, immediately notify the temporary employment agency and provide all necessary information for drawing up the accident report, failing which the user shall be held liable for any damage caused by his failure to do so.
    In addition, in the event of a serious accident at work, the user's prevention service shall draw up an accident report in accordance with the Codex on well-being at work, supplemented by an action plan drawn up by the user, and shall submit this report to the temporary employment agency within five days of the accident. After submission and any additions by the temporary employment agency, the user shall forward this report to the inspector of the "Supervision of the Well-being at Work Legislation" administration within a maximum of 10 days after the accident.
    In the event of a serious accident at work as referred to in Article I.6-2 1° and 2° a), the User is responsible for immediately reporting the serious accident at work to the official responsible for supervision.
     
17. The User is solely responsible for returning the signed user agreement and (supervising) the return of the completed and signed performance statements. Failing this, the user will not be able to invoke the non-signature to the detriment of the temporary employment agency and invoicing will be based on the services provided as stipulated in the employment contract of the temporary worker concerned, unless it transpires that the temporary worker has provided additional services.
     
18. The signing of the timesheets implies recognition of the accuracy of the information contained therein and of the correct performance of the work by the temporary worker. The user shall not dispute the validity of the signature of its appointees or representatives. In the case of automatic performance processing, the user shall always agree to the performance data as transmitted to the temporary employment agency by automated or electronic means, unless otherwise agreed in writing in advance. Only the user shall be liable for errors in the automated transmission.
     
19. Invoicing is based on the performance 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 worked due to the sole fault of the temporary worker and if the information obligation provided for in Article 6 of these terms and conditions was fulfilled.
    In the absence of performance statements submitted by the user (either in writing and signed, or electronically or automatically), invoicing shall be based on the services provided as specified in the employment contract of the temporary worker concerned, unless it appears that the temporary worker has provided additional services.
    All free hours and days granted and paid by the user to its permanent staff, such as extra-legal public holidays, holidays, bridge days, etc., to which the temporary worker is also entitled, shall also be considered as work and invoiced to the user as such.
    Any wage adjustment to which the temporary worker is entitled during or after his employment with the user, regardless of the reason for the adjustment and regardless of the possible liability of either party, shall be invoiced to the user at the agreed coefficient.
    The agreed coefficient and/or the agreed rate, as well as all other cost items included in the Cooperation Agreement that determine the coefficients and/or the rate, may be increased unilaterally by the temporary employment agency in the event of:
    - An increase in direct or indirect employer's contributions;
    - any other objective factors that determine the actual wage cost and/or increase the operating costs of the temporary employment agency;
    - additional charges imposed on the temporary employment agency by the government that were not foreseen at the time the agreement was concluded.
    The rate will also be increased unilaterally by the temporary employment agency in the event of an increase in the basic wage of the temporary worker as a result of wage indexation and conventional wage increases applicable to the user.
     

Any legally granted subsidies, reductions in charges, exemptions, allowances, premiums, etc. are always included in the agreed coefficient and are therefore only payable to the temporary employment agency. The user cannot claim payment of such allowances, as these are included in the agreed rate, regardless of the date of allocation or payment.
 

20. The temporary employment agency's invoices are payable in cash upon receipt, net, without discount, unless otherwise agreed in writing. In the event of non-payment upon receipt of the invoice, the invoice amount shall automatically and without prior notice of default bear interest at a rate of 12% per annum. Furthermore, in the event of non-payment of the invoice by the due date, a fixed compensation of 12% of the invoice amounts due shall be payable by operation of law and without prior notice of default, with a minimum of 85.00 euros and a maximum of 5,000.00 euros.
    Any payment terms granted in writing shall lapse by operation of law and all invoices - including those not yet due - shall become immediately payable in the event of non-payment of a single invoice, as well as in the event of signs of doubtful solvency on the part of the user (e.g. social security summonses, judicial reorganisation, etc.).
     
21. If the user fails to comply with their legal obligations or these general terms and conditions, as well as in the event of non-payment, the employment agency shall be entitled, without being liable for any compensation, to consider the current agreements dissolved and to immediately withdraw its temporary workers.
     
22. All invoice protests must be sent to the employment agency by registered letter within 14 days of the invoice date. Complaints submitted after this period or complaints that are not specifically substantiated will not be taken into account.
     
23. The information provided by the customer will be included in the temporary employment agency's customer database. The temporary employment agency will treat the personal data obtained with care and confidentiality and will make every effort to protect and secure the personal data obtained. As soon as the temporary employment agency provides services within the framework of its assignment, the customer's personal data may be used for the following purposes:

- administrative purposes (creating and maintaining a customer database, sending invoices, checking solvency, etc.).

- the provision of the services for which the temporary employment agency was engaged.

The customer's personal data is necessary for the performance of this agreement (if the customer is a natural person) or necessary for the representation of the customer's legitimate interests (if the customer is a legal entity).

The data provided by the customer may also be used for the following purposes:

- direct marketing (including conducting information or promotional campaigns in connection with the services offered by the temporary employment agency);

- re-marketing (in other words, the transfer of personal data to a third party for marketing purposes).

For these purposes, the customer's contact details may only be processed/transferred with the customer's express consent. A consent form must be signed by the customer. The customer has the right to withdraw their consent at any time.

The employment agency will never pass on the customer's personal data to third parties, unless with the customer's explicit consent or if requested to do so by police and judicial authorities or if there is a legal obligation to do so.
 

The customer has the right to access, rectify, erase, restrict, object to, transfer and not be subject to automated decision-making. More information can be found at https://www.absolutejobs.be/nl/privacy-policy.

24. In the event of a dispute and/or non-payment, only the courts of the district of West Flanders, Kortrijk division, shall have jurisdiction. The agreement between the parties is governed by Belgian law.