Terms and Conditions

1. These general terms and conditions are in accordance with the law of 24/07/87 regarding temporary employment, temporary work and the provision of employees to users, published in the Belgian Official Gazette of 20/08/87, and with the C.B.A.’s concluded in the N.A.R. or in the J.C. for temporary employment.
2. The social secretariat of the temporary employment agency is PuuHR BV. The intercompany medical service is Mediwet.
3. The user alone is responsible for the information he provides for drawing up the agreement and, in the cases provided for by law, for obtaining the required permits.
4. The provision of temporary employees takes place according to the following general terms and conditions and the special conditions stipulated in the service provision agreement, in accordance with Art. 17 of the aforementioned Law.
5. If the user terminates the service provision agreement unilaterally and before the expiry of its intended duration, he owes the temporary employment agency compensation (pursuant to Art. 1226 et seq. of the Civil Code); this fixed and irreducible penalty clause amounts to (with a minimum of €125 per intended calendar day) the sum that would have been invoiced if the agreement had been executed. The same penalty clause applies if the agreement is void due to shortcomings on the part of the user in complying with the legal provisions in this regard or due to incorrect information provided by the user when entering into the agreement. However, the temporary employment agency may demand higher compensation if it can prove the extent of the damage suffered. Deviations from the timetable that have not been reported by the user before the start of the contract also fall under this penalty clause. In the event of early employment, the following selection fees apply pro rata to the agreed employment periods still to be performed: 17% on the gross annual salary for manual workers, 19% on the gross annual salary for white-collar workers A2 or <5 years of experience and 20% on the gross annual salary for white-collar workers Bachelor / Master or > 5 years of experience divided over 3 bands.
6. If the user hires the candidate temporary employee without notifying Experza, an invoice of EUR 7,000 will be charged immediately for manual workers or white-collar workers ≤ A2 / white-collar workers < 5 years of experience and EUR 8,500 for white-collar workers Bachelor / Master / > 5 years of experience.
7. The special conditions contained in the agreement can only be validly amended by an addendum or by a replacement agreement. The user must inform the temporary employment agency of any change in the remuneration of its employees if these may have an impact on the remuneration of the temporary employees.
8. Although the temporary employment agency takes the greatest care in the selection of temporary employees, shortcomings may occur. If the user notices a deficiency in the qualifications of the temporary employee, he must notify the temporary employment agency of this within the first four hours of work. The temporary employment agency cannot be held liable for the consequences of the temporary employee’s absence from work.
9. In the event of late payment of the invoices or if the user does not comply with the applicable legislation, the rules of good morals or these general terms and conditions, the temporary employment agency has the right to withdraw its personnel immediately without this giving rise to any right to compensation on the part of the user. In the event of late payment of invoices, a fixed compensation of €5 per overdue day will be charged.
10. The user waives the right to use the services of the temporary employment agency in the event of a strike or lock-out in his company. The mandatory withdrawal of temporary employees in the event of a strike or lock-out does not give rise to payment of compensation by the temporary employment agency to the user.
11. During the entire duration of the temporary employee’s employment with the user, the latter is responsible, in accordance with Article 19 of the law of 24/07/84, for the application of the provisions of the legislation regarding the regulation and protection of labor that apply at the place of work.
12. The user bears the civil liability provided for in Article 1384 par. 3 of the Civil Code. He alone is therefore responsible for all damage caused by the temporary employee. The user is therefore advised to inform his BA-exploitation of the employment of temporary employees. The responsibility for supplying and maintaining individual protective clothing lies with the user to whom the temporary employee has been made available.
13. Except with the express and prior agreement of the temporary employment agency: a) the user is prohibited from assigning the temporary employee a task that differs from those for which he/she was made available; in particular, he may not allow the temporary employee to manipulate equipment, vehicles or goods, nor transport or handle valuables, whatever they may be, or collect cash unless this is provided for in the agreement; b) the temporary employee may only perform normal work, excluding all work protected by special regulations such as unhealthy, dangerous or underground work or work at height.
14. The user undertakes to provide the temporary employment agency with the correctly completed workstation sheet before the start of the contract. Sanctions imposed by inspection services regarding a poorly or incompletely completed workstation sheet due to negligence on the part of the user will be recovered from the user.
15. The user immediately informs Experza of any work accident that has occurred to a temporary employee, and makes the data regarding the accident and the first treatment available so that Experza can report it to the insurer. In the event of postponement or failure to report the circumstances of the accident, the user will be held directly responsible for sanctions by inspection services or the non-intervention of insurance institutions. If it concerns a serious accident, according to article 94 bis of the Well-being Act, the user instructs his internal or external PBW service to investigate this accident and to carry out the obligations in accordance with article 94ter §1 and 2 of the Well-being Act and article 19 of the Temporary Employment Act of July 27, 1987 10/27. Experza makes the information about the temporary employee, necessary for carrying out the investigation and drawing up the accident report, available to the prevention service. Experza’s internal prevention advisor participates in the accident investigation and the proposal of measures. The user communicates his decision and implementation period within five days of receiving the report regarding the implementation of prevention measures in his company to respond to the proposals formulated in the accident report.
Experza’s internal prevention advisor formulates his comments and measures within two days of receiving the report, which are taken within his office to respond to the proposals. Before the report is submitted to the FPS – Supervision of Well-being, Experza and the user confirm that they have taken note of the report and their commitment to take the measures listed by them.
The user keeps Experza informed of the further handling of the report by the FPS – Supervision of Well-being.
Within 30 days of sending the accident report, a consultation takes place between the user and Experza to evaluate the measures and, if necessary, adjust them.
16. The temporary employment agency is not liable for loans or advances in kind or in cash possibly granted by the user to the temporary employee. The recovery of costs resulting from the use of the telephone for personal purposes, meals used in the mess, permitted purchases, etc., will take place without the intervention of the temporary employment agency. The temporary employment agency can in no case be held responsible in the event of loss, theft or disappearance of equipment, cash, bills of exchange and goods entrusted to the temporary employee.
17. The user undertakes to allow the temporary employee to enjoy the same benefits as those granted to his permanent staff, such as canteen, transport, etc. The legal scales for wages and compensation (including social subscription, premiums, etc.) will also be respected and the user will inform Experza of the wages of permanent employees with the same qualifications if these are higher than the scales, as well as all benefits that are enjoyed. If the hourly wage or compensation specified by the user is not in accordance, Experza will adjust this to the scale or to the correct wage.
18. Work interruptions for rest, meals, bridge days and other non-worked hours that are normally compensated by the user to his personnel are considered as working hours and invoiced as such.
19. The user’s signature on the presentation declarations counts as recognition of the correctness of the specified elements and of the satisfactory execution of the work performed by the temporary employee. The user will not dispute the validity of signatures of his appointees or representatives on the agreements and performance declarations. The user undertakes to provide Experza with the delivered performances by post, e-mail or fax on the first Tuesday afternoon after the end of the contract. In the absence thereof, Experza will pay the temporary employees as stated on the contract.
20. The invoicing takes place on the basis of the performances that appear on the declarations referred to above and of the initially agreed price, possibly revised to an amount of 80% with reference to parameters that state the real costs; each parameter is only applicable to the part of the price that corresponds to the conscious costs. Unless otherwise stated, the originally agreed invoicing price for special performances (overtime, work in shifts, at night, on Sundays and public holidays, etc.) will be multiplied by the same coefficient as that applied to the basic wage of the temporary employee performing the assignment. The same invoicing rule applies if premiums specific to the user’s sector are paid to the temporary employee in accordance with a convention. Every started quarter is fully due. A minimum of 3 hours per day will always be charged to the user.
21. The invoices of the temporary employment agency are payable upon receipt, net, without discount. In the absence of payment upon receipt of the invoices, the invoiced amount will, by operation of law and without prior notice of default, yield interest of 10% per year, each month started counting as a full month. In addition, by operation of law, by way of a fixed agreed compensation, costs will be due amounting to 12% of the sums due, with a minimum of €125. The temporary employee is not authorized to collect our invoices.
22. Every invoice drawn up by the temporary employment agency is definitively accepted by the user, if it is not disputed by motivated registered letter within 8 days of its receipt.
23. In the event of late payment, protested bill of exchange, uncovered check, bankruptcy, judicial reorganization or any event that endangers the temporary employment agency’s claim, the temporary employment agency reserves the right to unilaterally terminate the present contract and/or claim the outstanding accounts (even those not due) in their entirety within 24 hours of registered letter, without the user being able to assert any right to compensation.
24. In the event of a dispute, only the Courts of the registered office of the temporary employment agency have jurisdiction. Only Belgian law applies.
25. In the event of incorrect transmission of hours worked by the customer/user, an administrative cost of €80.00/hour will be charged. Cost is recalculated based on actual adjustment time.
26. By paying the invoices, the user acknowledges and confirms that the wages of the temporary employees involved have been paid correctly and in full. Objections or requests for revision of paid invoices, including any corrections regarding wages of temporary employees, must be submitted to Experza in writing and with reasons within a period of three (3) months after the invoice date. After this period, it is no longer possible to make corrections or revisions.
27. Experza does not respond to questions of a discriminatory nature. Experza wants to act as an HR partner to find the perfect match based on knowledge and skills.
28. Experza is not responsible for material damage caused by the temporary employee. Under no circumstances may wages be withheld for this and must be handled directly between the user and the temporary employee. Experza must pay the hours worked and associated premiums weekly.
29. Extra-contractual liability: an agreement is only concluded between the user and Experza. The user expressly accepts that he has no claim, of any nature whatsoever, against Experza’s auxiliary persons, such as employees, self-employed employees or directors.