General terms and conditions Applicable to contracts for agency-supplied temporary work services (version 22/02/2019)

Article 1

These general terms and conditions have been drawn up in accordance with current legislation, inter alia the Law of 24/07/87 (Belgian Official Gazette 20/08/87) on Temporary Work, Agency-Supplied Temporary Work and the Provision of Employees, the applicable Collective Labour Agreements (CLAs) concluded at the National Labour Council (CNT-NAR) and the Joint Committee for Temporary Work (no. 322), and the relevant jurisprudence, referred to collectively hereinafter as 'the Law'.

Article 2

Agency-supplied temporary workers shall be supplied under the special conditions agreed at the time of the request for agency-supplied temporary workers (hereinafter "the Request") and set out in the agreement (hereinafter the "Agreement") concluded between the Client and the Temporary Work Agency in accordance with the Law and the general terms and conditions set out below, which form an integral part of the Agreement.

Article 3

In accordance with CLA No. 38 and the non-discrimination legislation, the Client may only include criteria relevant to the vacant position in his Request.

Article 4

The Client undertakes, in good time, i.e. prior to the start of the work and, in the event of a change, as applicable during the term of the Agreement, to communicate all necessary information to the Temporary Work Agency without delay and in writing. Although the list is not exhaustive, this includes all information in relation to

the reason or motive for resorting to agency-supplied temporary work, and the presence or absence of a trade union representation or Works Council;
the wages, remuneration and the respective conditions for the granting of these by the Client to the classes of permanent employees to which the agency-supplied temporary worker belongs – including bonuses and other benefits;
the information which is necessary in order to fulfill the obligations relating to the non-recurrent result-linked benefits;
the activities, the job, the required professional qualification, the result of risk assessments, medical supervision, required working clothing and personal protective equipment (by means of the job description set forth in article 11 of the present general terms and conditions;
possible strike or lockout situations affecting the Client, or other forms of temporary unemployment due to economic or technical reasons, force majeure or bad weather;
information necessary for fulfilling the obligations relating to Dimona declarations to be submitted to the N.O.S.S.;
instances of agency-supplied temporary workers arriving late at or failing to attend work;
the non-renewal of an assignment;
the working hours arrangements, schedules, systems of flexible employment and shift systems which apply in the Client's company;
the justification required for expense payments, for which, either as a lump sum or otherwise, the agency-supplied temporary worker is remunerated by the Temporary Work Agency when specifically requested by the Client.
favourable tax measures (exemption of withholding income tax, VAT exoneration, …)

The Client shall bear sole liability for any consequences of the non-communication of this information or of the failure to pass on this information in due course, completely and accurately. All corrective measures and/or costs incurred as a result, including those due to corrections following a social security or tax inspection, will result in additional invoicing to the Client under the same invoicing conditions as those that were applicable during the provision of agency-supplied temporary workers.

Article 5

The Client undertakes not to allow the agency-supplied temporary worker to perform any work outside the border zone, if the agency-supplied temporary worker is a border worker and thus employed in the border zone as defined in the France-Belgium double taxation treaty. Adjustments and/or penalties due to failure to comply with this stipulation will be charged to the Client under the same invoice terms and conditions as those that were in force during the period of temporary work.
In case of execution of construction works, the Client undertakes to fill out the attendance register as set forth by article 31 octies of the welfare law of 24/08/1996. The Client active in the meat sector will be responsible for the registration set forth in article 30ter in the law of June 27, 1969.

Under no circumstance the Client may transfer this obligation to the Temporary Work Agency. Any provision on the contrary in the Agreement or any other document will be deemed invalid.

Article 6

If, due to the action of the Client, the agency-supplied temporary worker who is a student no longer meets the conditions for applicability of the solidarity contribution for the employment of students, the adjustments and/or penalties for which the Temporary Work Agency is liable will be charged to the Client under the same invoice terms and conditions as those that were in force during the period of temporary work.

Article 7

The Client is responsible in accordance with the Law for having an appropriate motive for employing agency-supplied temporary workers in its company, respecting the maximum periods of employment as an agency-supplied temporary worker, having the agreement of its trade union delegation, and providing the information stipulated by law to work council or its trade union delegation. If the motive of "recruitment" is used, the Client shall deploy a maximum of 3 agency-supplied temporary workers for the same vacant position. The Client will inform the Temporary Work Agency in writing about the number of attempts that were previously made to fill the concerned vacancy. If successive one-day contracts are used, the Client guarantees that this is justified by the need for flexibility that is specific to its company. At the Temporary Work Agency’s first request, the Client will provide the necessary proof that the use of successive one-day contracts is legally compliant. The Client agrees that the Temporary Work Agency can’t judge whether the use of successive one-day contracts is legally justified or not. Any penalties imposed upon the Temporary Work Agency by reason of lack of justification will be charged to the Client under the same invoice terms and conditions as those that were in force during the period of agency-supplied temporary work.
The Client may not, by law, call on the services of the Temporary Work Agency in the event of a strike or lockout in its company. If a strike or lockout does arise in its company, the Client must inform the Temporary Work Agency of this immediately in writing. The obligatory withdrawal of agency-supplied temporary workers by the Temporary Work Agency which is required by law in such cases shall not render the Temporary Work Agency liable to pay compensation to the Client. The Temporary Work Agency reserves to claim full compensation of the damages it suffers as a result of the fact that the Client puts at work temporary works during a strike and/or a lock-out in his company.

Article 8

The Temporary Work Agency shall not under any circumstances be liable for any damages resulting from its agency-supplied temporary workers failing to attend work and/or arriving late at work.

Article 9

While the agency-supplied temporary worker is working for the Client, in accordance with the Law, the Client shall be responsible for the application of the provisions of the law on the regulation and protection that apply to the place of employment. It follows that the Client must treat agency-supplied temporary workers on the same footing as its permanent personnel, with regard to hours of work, the reduction of working hours, offsetting, breaks, public holidays, Sunday work, night work, welfare of the agency-supplied temporary worker at work, combating discrimination etc. The Client is responsible for disclosing and maintaining variable schedules and variation registers in the event of part-time employment. Moreover, it will notify the Temporary Work Agency when overtime was performed by the agency-supplied temporary workers for reasons other than an extraordinary increase of work or unanticipated necessity. While the agency-supplied temporary worker is working for the Client, he is entitled, under the same conditions as the Client's permanent employees, to access the company facilities or services that are present in the Client's company, such as canteens, child care and transport facilities, unless the difference in treatment is justified on objective grounds.

Article 10

Civil liability, as provided for in Article 1384, 3° of the Civil Code, lies with the Client. As a result, the latter shall bear sole liability for all damage caused by the agency-supplied temporary worker to third parties. The inclusion of an "agency-supplied temporary work clause" in the Client's civil liability insurance policy is recommended.

The Temporary Work Agency is also not liable for

damage caused by the agency-supplied temporary worker to the Client during and in connection with his employment at the Client's premises
theft, loss or disappearance of equipment, money or goods entrusted to the agency-supplied temporary worker by the Client.
the consequences of errors in its own selection of agency-supplied temporary workers, except in cases of intent and serious fault. If the Client selects the candidate agency-supplied temporary workers itself, the Temporary Work Agency cannot be held liable in any way.
loans or advances made in kind, in cash or in any other way, by the Client to the agency-supplied temporary worker. Costs arising from meals taken in the company restaurant or purchases from the Client etc. will be reclaimed without mediation by the Temporary Work Agency.
any indirect and/or consequential damages such as, but not limited to, loss of profit, loss of revenue, …;

The Temporary Work Agency reserves the right to invoice the Client for any extra costs it incurs which are necessary for the employment of the agency-supplied temporary worker for the Client, e.g. the costs for the digital tachograph card, etc.

Article 11

The agency-supplied temporary worker shall enjoy the same degree of protection as the other employees of the Client with regard to health and safety at work. In accordance with the Royal Decree of 15/12/2010 (Belgian Official Gazette 28/12/2010) the Client must, in the cases provided, properly fill in and sign the job description and, before the start of any period of agency-supplied temporary work, send it to the Temporary Work Agency. When compiling the said job description, the Client shall consult its health and safety at work department and the company doctor. Unless express permission is given beforehand by the Temporary Work Agency

the Client must not require the agency-supplied temporary worker to carry out any task other than those for which he has been made available. More specifically, it must not allow him to use any machines, devices, vehicles or goods, transport or handle any securities or cash for collection, unless this is expressly provided for in the Agreement;
the Client must only allow the agency-supplied temporary worker to perform normal work, to the exclusion of all work protected by special regulations such as unhealthy, hazardous and underground work or work at height.
the agency-supplied temporary worker must not be employed abroad.

In accordance with the Law, the final responsibility shall lie with the Client for the provision of working clothes and personal protective equipment, and for the cleaning, repair and maintenance thereof in a ready-to-use condition, even if a commercial agreement making alternative stipulations regarding the supply of such items has been entered into with the Temporary Work Agency.

Article 12

In the event of an industrial accident affecting an agency-supplied temporary worker, the Client shall, after taking all urgent measures, immediately inform the Temporary Work Agency and provide all necessary information for the drawing up of the accident declaration. In conformity with art. 94 ter, §2, 2° of the Welfare Law of 04/08/96, the Client's health and safety advisor shall investigate every serious accident which has occurred involving the agency-supplied temporary worker. The Client's health and safety advisor shall contact the health and safety expert of the Temporary Work Agency, the latter shall grant its cooperation with the investigation and measures shall be discussed to prevent similar accidents involving agency-supplied temporary workers in the future. The Client's health and safety advisor shall prepare the detailed report. The respective measures that will be taken on the basis of this report by the Client and the Temporary Work Agency shall be introduced by them and signed on the report, which shall be sent by the Client to the Federal Inspection Service within 10 days after the accident. If an external expert is appointed by the Federal Inspection Service, the costs of this expert, which might be able to be reclaimed by the insurer, shall be borne by the Client.
The Client undertakes to immediately inform the Temporary Work Agency when a temporary worker is being registered in the first aid register for minor work accident victims as set forth by the Royal Decree of 12/03/2003.

The agency-supplied temporary workers are insured by the Temporary Work Agency for industrial accidents, in accordance with the Law of 10 April 1971. The Temporary Work Agency advises all its Clients, including those with an establishment abroad, to inform their Civil Liability insurer about the use of agency-supplied temporary workers. This with a view to a provision in the Civil Liability policy for possible recourse exercised by the industrial accidents insurer of the Temporary Work Agency, in conformity with the Belgian legislation.

Article 13

Unless agreed to the contrary between the Temporary Work Agency and the Client, the Agreement is in each case tacitly renewed for a period equal to the originally agreed term (daily, weekly, monthly contracts etc.). If the Client does not wish to renew the employment of one or several agency-supplied temporary workers, it shall inform the Temporary Work Agency thereof in a timely manner, and preferably in writing. Moreover, it shall confirm this on the timesheet or on the electronic equivalent of this timesheet.

Article 14

The Client shall bear sole liability for returning the signed Agreement and for returning (or supervising the return of) the completed and signed timesheets. In the event of any failure in this regard, the Client may not turn the fact that the Agreement and/or the timesheets have not been signed to the Temporary Work Agency's disadvantage, and the Temporary Work Agency shall invoice the Client for the work actually performed by the agency-supplied temporary workers, the contractually agreed work being the minimum.

Article 15

By signing the timesheet the Client confirms the correctness of the work done as stated by the agency-supplied temporary worker. The completed and signed timesheets will be sent back immediately after completion of the work, so that the Client does not hinder the smooth and accurate processing of the salary payment by the Temporary Work Agency. The Client shall not contest the validity of the signing of the timesheet by its employees or agents. Where automatic work recording systems exist, the Client shall always agree to the work record as conveyed through automatic or electronic channels to the Temporary Work Agency, unless a written agreement exists to the contrary. The Client alone shall be liable for any errors in the automatic transmission.

Article 16

Invoices shall be drawn up on the basis of:

the work as indicated on the timesheets or as transmitted electronically by the Client, the hours of work requested by the Client being the minimum, except when fewer hours have been worked for reasons that are imputable exclusively to the agency-supplied temporary worker and this was reported to the Temporary Work Agency in a timely manner in conformity with article 4 of these general terms and conditions. In the absence of timesheets filled in and signed by the Client, the Temporary Work Agency shall invoice the Client for the work actually performed by the agency-supplied temporary workers, the hours of work requested by the Client being the minimum. All hours and days off granted and paid by the Client to its permanent personnel such as non-statutory days off, non-statutory holidays, 'bridge' days, paid breaks etc., to which the agency-supplied temporary worker is also entitled in conformity with the law, shall likewise be regarded as work performed and hence the subject of invoicing to the Client;
the agreed coefficient and/or the agreed tariff, where the tariff is the result of application of the coefficient stipulated in the Agreement to the gross salary and other remuneration which the Temporary Work Agency is obliged to pay the agency-supplied temporary worker under art. 10 of the Law. The tariff is always rounded up to the first decimal amount which is higher than or equal to the original amount. This coefficient and/or tariff shall be raised at the discretion of the Temporary Work Agency in the event of any increase in direct or indirect employers' taxes, or any other factors affecting the actual cost of salary; this tariff shall likewise be raised at the discretion of the Temporary Work Agency if the agency-supplied temporary worker's basic pay increases due to index-linked adjustments and contractually negotiated pay rise applicable to the Client;

For special services (such as overtime, shift work, night work and work on Sundays and public holidays, etc.), the agency-supplied temporary worker shall be remunerated in accordance with the remuneration terms applied to the permanent personnel of the Client. The supplementary remuneration which is thus payable will be invoiced to the Client at the same coefficient as that applied to the agency-supplied temporary worker's basic salary, or that used for the calculation of the tariff.

All discounts that are agreed shall expire immediately if the Client fails to comply with the agreed payment terms.

Article 17

Every invoice drawn up by the Temporary Work Agency is definitively accepted by the Client if it is not protested within eight days after receipt by registered letter in which the reasons for disputing it are set forth.

Article 18

Unless otherwise stipulated, all invoices drawn up by the Temporary Work Agency are payable upon receipt thereof. In the absence of payment of an invoice upon receipt thereof – or, in the event of a different stipulation concerning the payment period, within the stipulated period – as of the due date late payment interest will be owed on the unpaid amount of this invoice, ipso jure and without prior notice of default, equal to the interest defined in Art. 5 of the Law of 2 August 2002 on combating late payment in commercial transactions, but in any case with a minimum of 12% per year. In case of non-payment of the invoice amount on the due date, ipso jure and without notice of default, by way of a damages clause, the Client will also owe to the Temporary Work Agency a fixed penalty equal to 15% of the unpaid invoice amount on the due date, with a minimum of € 40, without prejudice to the right of the Temporary Work Agency to demand higher compensation if proof is furnished of higher damages actually incurred. The Temporary Work Agency also reserves the right, in case of non-payment of the invoice amount or in case of late payment, to claim compensation for court collection costs, in accordance with the law on court costs and the law on the contribution towards legal fees and expenses.

All debts deriving from invoices drawn up by the Temporary Work Agency are understood to be payable at the address of the Temporary Work Agency, not at the address of the debtor. In the event of payment of an advance prior to the invoicing, the Client will not be entitled to any discount or rebate. The Client renounces the right to invoke any set-off with the accounts receivable of the Temporary Work Agency. Any possible payment and collection costs shall be borne by the Client. The agency-supplied temporary worker is not authorised to collect payment on the invoices of the Temporary Work Agency. If a time limit for payment was stipulated, the Client will – in addition to the cases provided for by the Law of loss of the advantage of the time limit – lose the advantage of the time limit if a single invoice of the Temporary Work Agency to the Client (even an invoice issued in execution of a previous or other contract) is not paid on its due date. In that case all other invoices issued or yet to be issued by the Temporary Work Agency will become immediately due and payable ipso jure and without notice of default. The Client will also, as of the publication of this protest or the date of this summons, lose the advantage of the time limit, if a protest of a bill of exchange is published against it or a summons to pay outstanding contributions is served by the N.O.S.S. The accessories stipulated above will also be owed ipso jure as of the expiry of the advantage of the time limit.

Article 19

The Temporary Work Agency is entitled with immediate effect, without a court order, without advance notice and without payment of compensation or observance of a period of notice, to withdraw its personnel and dissolve the Agreement, inter alia but without limitation in the following cases:

failure by the Client, despite written notice of default with a period of at least 7 calendar days, to make timely and proper performance of one or more of the obligations arising from the Agreement and from the general terms and conditions, including, inter alia, late payment of invoices
infringement of current legislation and sound morals by the Client
request for legal composition agreement with creditors or filing for bankruptcy by the Client
liquidation or cessation of trading by the Clientif the credit insurer decides no longer to insure the agreement

between the Temporary Work Agency and the Client. In that case the Temporary Work Agency shall send notification of its intention to the Client and provide a period of notice of 7 calendar days.
In case of dissolution the Temporary Work Agency also reserves the right to claim compensation for the costs, interest and damages that it has incurred and all amounts payable to the Temporary Work Agency shall fall due with immediate effect.

Article 20

The Client undertakes not to poach the agency-supplied temporary workers proposed or provided by the Temporary Work Agency before they have performed 988 hours of temporary work for the Temporary Work Agency. If the Client nevertheless wishes to enter into an employment relationship with the agency-supplied temporary worker earlier for the same or some other position, it undertakes to inform the Temporary Work Agency thereof in advance in writing and, by way of compensation for the damage suffered by the Temporary Work Agency, to pay an amount equal to 25 % of the gross annual salary (this is the hourly rate of pay provided for the position * 38 * 4.33 *13.92) for the agency-supplied temporary worker in question. The above compensation is a fixed amount established on the basis of the agreement between the Client and the Temporary Work Agency that the damage incurred by the Temporary Work Agency, based on the costs that the Client would have incurred for the search for and selection and screening of an employee with the same qualifications as well as the loss of profit, corresponds to this amount. This applies without prejudice to the Temporary Work Agency's right to prove that the damage it suffered exceeds the above-mentioned compensation. The Client shall also be liable to pay this compensation if the agency-supplied temporary worker, after the period of supply has ended, enters into an employment relationship with the Client, insofar as 988 hours have not been worked between the first day of temporary employment and the first day of the employment relationship with the agency-supplied temporary worker.

"Poaching or entering into an employment relationship with the agency-supplied temporary worker" shall mean:

the Client entering into a work contract with the agency-supplied temporary worker;
a third party (e.g. another Temporary Work Agency) supplying the agency-supplied temporary worker in question to the Client;
entering into a service contract with the agency-supplied temporary worker or with a third party which has recruited the agency-supplied temporary worker for this purpose;
the agency-supplied temporary worker entering into an employment relationship with a third party, if the third party and the Client are part of the same group, are parent and subsidiary, or related or associated enterprises within the meaning of Title II, Chapter II of the Company Code.

"Agency-supplied temporary worker" shall mean:

the agency-supplied temporary worker selected by the Temporary Work Agency and supplied to the Client under the terms of a temporary work contract;
the candidate agency-supplied temporary worker proposed by the Temporary Work Agency to the Client.

Article 21

On the basis of article 1226 and following of the Civil Code, the Client who unilaterally and prior to expiry of the period cancels the Agreement or when, outside the control of the Temporary Work Agency and/or the agency-supplied temporary worker, the number of hours worked amount to less than the number of hours agreed with the Client, is obliged to pay to the Temporary Work Agency, by way of fixed and irreducible damages, a compensation equal to the sum of the invoices which the Temporary Work Agency would have drawn up if the agreement had been fully implemented, with a minimum of 150 EURO per calendar day. This also applies in the event that the invalidity of the Agreement between the Temporary Work Agency and the Client is attributable to the non-fulfilment by the latter of the obligations imposed by the Law or as a result of incorrect information provided by the Client when the Agreement was concluded. The Temporary Work Agency reserves the right to make a higher claim for compensation if it can prove that the damages actually suffered amount to more than the above-mentioned fixed amount.

Article 22

The Temporary Work Agency collects the personal data, including the e-mail address of the Client, for purposes of invoicing, for the processing of the requests as well as in order to inform the Client about its services and promotional offers. The Client can object to this type of messages by e-mail (info@usgpeople.be) or by letter addressed to the Marketing Department at the headquarters. The Client is entitled to inspect and correct the data saved by the Temporary Work Agency.
The Temporary Work Agency and the Client each expressly undertake to fully respect all applicable laws relating to or impacting on the processing of personal data and privacy, including but not limited to the General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as well any other related legislation deriving from the Regulation as updated from time to time.

Article 23

These general terms and conditions may not contain any deletions, and take precedence over all other terms and conditions. Departures from these general terms and conditions are only possible if agreed to in writing.

Article 24

These general terms and conditions are governed by Belgian law. The Courts of Antwerp – division Antwerp have exclusive jurisdiction in the event of any dispute.