Terms and conditions with customer / user
1. These terms and conditions have been drawn up in accordance with the law of 24 July 1987 regarding temporary employment, interim work and making available employees to the benefit of users, published in the Official Journal of 20 August 1987. Including the applicable Collective Labour Agreements of the National Labour Council and of Joint Committee number 322 regarding temporary employment, as well as the law of 14 July 1991 on business practices.
2. Making available temporary agency workers is carried out in accordance with the specific conditions stipulated at the time of the application, and in accordance with the terms and conditions set out below which are an integral part of the agreement concluded between the user and WaW cvba (also referred to as WaW), drawn up in accordance with article 17 of the law of 24 July 1987 and with article 2 of Collective Labour Agreement no. 47g of 18 December 1990.
Any derogation from these terms and conditions must be agreed upon in a specific written agreement.
3. In accordance with Collective Labour Agreement no. 38 and the anti-discrimination laws the user can only define job-related criteria whilst setting up his application.
4. The user assumes full responsibility for:
• the information required for accurately drafting agreements and performance statements. Providing incomplete or incorrect data may lead to additional invoices.
• obtaining the approvals required by law or by Collective Labour Agreement.
• checking that working conditions are complied with in accordance with the law
5. In accordance with the law, the user is liable for passing on a correct ground and for respecting the maximum time limits for an assignment as a temporary worker. As well as for having the agreement of the trade union delegation, if required by law, and for supplying the information required by law to its works council or trade union delegation.
When using successive daily contracts, the user guarantees that this is justified due to the need for flexibility in his company. When using the ground 'inflow', the user will employ a maximum of 3 temporary workers under this ground for the same workstation.
Penalties levied to WaW due to the lack of accountability will be charged to the user under the same conditions as those that were in force during the posting of workers.
6. WaW pays the utmost attention to selecting temporary workers, although shortcomings may occur. Should the user identify an insuitability with a temporary worker, or should the temporary worker arrive at work too late or not at all, the user must report this to WaW within the first four (4) working hours. If possible, a replacement will be provided. WaW can not be held liable for the consequences of the temporary worker's absence at work.
7. The user commits to allowing the temporary worker to benefit from the same advantages as those allowed to the permanent staff, such as benefits in kind, a canteen, drinks, transportation, etc. If, in the absence of a company restaurant, meal vouchers are awarded to the staff, the temporary worker will also benefit from this regime. WaW will in this case be responsible for the distribution of the meal vouchers and will explicitly charge them to the user as a social benefit.
Work breaks for rest, meals, long weekends and other non-worked hours that are normally paid by the user to his permanent staff are considered working hours and will be invoiced as such.
8. WaW is not liable for loans or advances in kind or in cash, granted to the temporary worker by the user. The costs for excessive use of the user's company phone for personal purposes, as well as specific business-related personal expenses such as the use of the user's company restaurant, will be collected directly by the user from the temporary employee, and this without WaW's mediation.
9. The user cannot make use of WaW's services in the event of a strike or lock-out in his company. WaW is obliged by law to withdraw its employees in the event of a strike or lock-out in a company of the user. In this case, the mandatory withdrawal of temporary workers does not give rise to any payment of compensation to the user by WaW.
10. During the entire term of employment of the temporary worker, the user guarantees, in accordance with article 19 of the law of 24-7-1987, the application of the regulations provided by the law regarding the regulations and the protection of labour that apply at work.
11. The temporary worker enjoys the same level of protection as the other employees in the company with regard to occupational safety and hygiene. The user is not allowed:
• to charge the temporary agency worker with an assignment that differs from what is stated on the job sheet or if no job sheet is required, as stated in the special commercial conditions, more specifically in the job description, the required professional qualifications and the result of the risk evaluation of the person for whom it was made available; in particular, the user shall not allow the temporary employee to carry out any manipulation of equipment, vehicles or goods, nor transport or treatment of values, whichever they may be, or cash to be collected, unless this is provided for in the agreement;
• to have the temporary worker carry out work that is protected by special regulations such as unhealthy, dangerous or underground work or work at heights;
• to have the temporary worker carry out work abroad without the permission of WaW.
12. The user is entrusted with the ‘de facto’ authority over the temporary worker. The user is solely responsible for the civil liability provided for in article 1384 paragraph 3 of the Civil Code for any damage caused by the temporary worker. The responsibility for delivering and maintaining individual protective clothing lies with the user with whom the temporary worker was posted. WaW's responsibility can not be invoked if the user carries out the selection of candidates for temporary employment himself. In the event of loss, theft, damage or disappearance of equipment, cash, bills of exchange and goods entrusted to the temporary worker, the user will be held responsible. The user is also fully liable for the entrustment of goods, equipment, cash or bills of exchange after working hours.
13. In the event of a work-related accident, the user shall immediately take all urgent measures, notify WaW and provide all necessary information for preparing a correct incident statement. In accordance with Art. 94b, §2, 2° of the social welfare act of 04/08/1996, the user's prevention advisor shall examine every serious work-related accident of the temporary worker and contact WaW’s prevention advisor; the latter shall cooperate in the investigation and measures meant to avoid similar accidents in the future shall be discussed. The prevention advisor of the user shall prepare the comprehensive report. The respective measures taken on the basis of this report by the user and WaW shall be added and signed by both parties in the report that is to be sent to the Federal Inspection Services by the user within 10 days after the accident. If an external expert is appointed by the Federal Inspection Service, any incurred expenses of this expert shall fall to the user’s expense. The user shall be liable for the consequences of providing no, incorrect, incomplete or late information.
14. By returning the signed worksheets to WaW, the user acknowledges the accuracy of the information that appears on them and the satisfactory performance of the work by the temporary worker. The signature of an employee or an agent of the user on the worksheet can not be contested. In the case of automatic data processing, the user approves the worksheet as being passed on by automated means to WaW, unless otherwise agreed upon in writing. Only the user is liable for errors in the automated sending. If the user fails to send the worksheet to WaW in time and the user persists in his negligence after having been summoned by WaW, WaW will pay the temporary worker the hours agreed upon in the temporary employment contract and the cost of these hours will be charged in full to the user.
15. Billing is based on the performances stated in the worksheet or on the basis of information provided via information carriers or an online connection with WaW, as referred to in Article 14, and on the basis of the agreed price, subject to indexation and/or changes in social charges. Unless stated otherwise, the same coefficient as applied to the basic salary of the temporary worker who performs the assignment will be applied on wages and surcharges paid for special services (overtime, shift work, night work, work on Sundays, public holidays, etc.). The same billing rule applies if certain bonuses awarded to the user's sector are paid to the temporary employee in accordance with a convention. Each quarter hour begun is fully due. A minimum of four hours a day will always be charged to the user.
16. WaW's invoices are payable upon receipt, without discount. In the event of non-payment of the invoice upon receipt, an interest of 12% per year on the amount of the invoice shall be due automatically and without notice of default. In addition and automatically, and as a lump sum agreed compensation after having received a notice of default by registered mail, a fixed contractual damage penalty equal to 15% of the sums due will have to be paid, with a minimum of € 150 and a maximum of € 12.400. Bills of exchange do not include any deviation and do not create any debt renewal. The temporary employee is not authorized to collect our invoices. In the event of late payment, protested bill of exchange, unsecured check, bankruptcy, concordat or any event that jeopardizes WaW's claim, WaW reserves the right to unilaterally terminate the present agreement and/or demand full payment of all outstanding invoices (even those that are still undue) within 24 hours after receipt of a registered mail, without the user being entitled to claim any compensation.
17. Each invoice drawn up by WaW is definitively accepted by the user if it is not disputed within eight days of receipt by registered letter setting out the reasons for the dispute.
18. In the event of late payment of invoices, a breach of law, morality or the present terms and conditions, and in the event of a strike or lock-out by the user, WaW can immediately withdraw its temporary workers without incurring any right to compensation by the user.
19. Based upon art. 1226 et seq. of the Civil Code, the user must pay WaW a flat-rate and irrevocable penalty clause equal to the lost invoice amounts, with a minimum of € 150 per day and per temporary worker if:
- for reasons independent of the temporary worker's or WaW's will, the number of hours performed is less than the number of hours agreed upon in the contract with the user;
- the contract with the user is void because of the user's failure to comply with his legal obligations or due to providing incorrect information during the realization of the agreement;
- the agreement with the user is terminated unilaterally and prematurely by the user before the end of its expected duration. However, WaW may claim higher damage compensation if it can prove the extent of the damage suffered.
20. These terms and conditions may not contain any cancellation and govern all our contracts to the exclusion of other terms and conditions. The fact that the user sets up business with WaW and that the temporary worker is employed is seen as an explicit acceptance of these terms and conditions. The user undertakes to return the copy of the service agreement with the WaW logo to WaW within 24 hours after the beginning of the implementation of the contract.
21. The temporary worker's performance will be paid by WaW in accordance with the information in the periodic performance declarations and on the basis of the wages and any surcharges agreed upon in the contract of employment between WaW and the temporary worker. The wage is calculated per hour, per day, per week or per month. The temporary worker shall accept that the payment of his remuneration will be made by bank cheque or bank transfer.
22. The information communicated by the user may be processed by WaW for any legitimate interest and in particular with a view to making available candidates/temporary workers and with a view to customer service and contract management.
In accordance with the law, each person concerned has the right to access and amend his personal details.
WaW has a Privacy Statement which is in line with GDPR regulations. This can be found on the website and it can also be obtained in a separate document from WaW.
23. The user and WaW undertake not to take any actions that give rise to discriminatory behaviour.
24. If the user enters into an employment relationship with the temporary employee for the same or another job without the intervention of WaW, and this before the end of a minimum period of 988 hours, the user will pay WaW, as a compensation for sustained damage, an amount equal to 25% of the gross annual salary of the temporary employee concerned.
The abovementioned flat-rate compensation is based on a mutual agreement between the user and the employment agency that the damage suffered by the employment agency, including the costs that the user would have to incur for prospection, selection and screening of an employee with the same qualifications, as well as the loss of profits, corresponds to this amount, without prejudice to the right of the employment agency to prove that the damage suffered exceeds the above-mentioned compensation.
The user shall also be liable to pay this compensation if the temporary worker enters into an employment relationship with the user after the posting has been terminated, but only if less than 4 months have elapsed between the first day of the assignment and the first day of the employment relationship with the temporary worker.
The user undertakes to notify WaW in writing and in advance of any intention to enter into an employment relationship with the temporary worker.
Entering into an employment relationship with the temporary agency worker means:
• the user entering into an employment contract with the temporary worker
• making the temporary employee available to the user by a third party (including another temporary employment agency)
• entering into a contract for services with the temporary worker or with a third party that has recruited the temporary worker for this purpose
• the temporary worker entering into an employment relationship with a third party, whereby the user and the third party belong to the same group, are parent or subsidiary companies of each other,
• are affiliated or associated companies, in accordance with Title II, Chapter II of the Belgian Company Code
The term "temporary worker" means:
• any temporary worker selected by the temporary employment agency who was made available to the user with an employment contract for temporary work
• any candidate for temporary work who was presented to the user by the temporary employment agency
The term "gross annual salary" of the temporary worker means:
• if the temporary worker has already worked: => 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 for temporary work has not worked yet: => the wage applicable to the user for the corresponding function (with at a minimum the price scales of the user's Joint Committee) x the average number of hours per week in the user's sector x 4.33 x 13.92
25. The Belgian legislation shall apply. In the event of a dispute and/or default, only the Courts of Antwerp shall have jurisdiction.