Employee Leasing Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes and regulates the temporary provision of workers from a licensed temporary work agency (leasing company) to a user company. The document ensures compliance with Belgian labor legislation, particularly the Law of 24 July 1987, while defining the rights, obligations, and responsibilities of all parties involved. It covers essential aspects such as employment conditions, workplace safety, social security obligations, data protection, and financial arrangements, while incorporating specific Belgian regulatory requirements for temporary work and employee leasing arrangements.

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What is a Employee Leasing Agreement?

The Employee Leasing Agreement serves as a crucial legal framework for organizations in Belgium seeking flexible workforce solutions through temporary staffing arrangements. This document is essential when a company needs to engage workers through a licensed temporary work agency while ensuring compliance with Belgian labor laws, particularly the Law of 24 July 1987 and related regulations. The agreement outlines the triangular relationship between the leasing agency, user company, and leased employees, covering aspects such as service scope, duration, working conditions, payment terms, and regulatory compliance. It's particularly relevant in situations requiring temporary staff augmentation, specific project support, or specialized skill sets, while ensuring proper protection of workers' rights and clear allocation of responsibilities between the contracting parties.

What sections should be included in a Employee Leasing Agreement?

1. Parties: Identification of the leasing company (temporary work agency), the user company, and their respective legal details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Assignment Period', etc.

4. Scope of Services: Detailed description of the employee leasing services, including the nature of work and general terms of employee provision

5. Duration and Term: Period of the agreement and conditions for renewal or extension

6. Leasing Company Obligations: Responsibilities of the leasing company including recruitment, employment contracts, payroll, and compliance with labor laws

7. User Company Obligations: Responsibilities of the user company including workplace safety, day-to-day supervision, and compliance with working conditions

8. Employee Rights and Working Conditions: Provisions ensuring compliance with Belgian labor laws regarding working conditions, equal treatment, and employee rights

9. Fees and Payment Terms: Leasing fees, payment schedule, and terms for any adjustments or additional charges

10. Social Security and Insurance: Allocation of social security obligations and required insurance coverage

11. Confidentiality: Protection of confidential information between all parties

12. Data Protection: GDPR compliance and data handling requirements

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Termination: Conditions and procedures for terminating the agreement

15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

What sections are optional to include in a Employee Leasing Agreement?

1. Non-Solicitation: Prevents parties from directly hiring each other's employees, used when there's significant risk of talent poaching

2. Performance Standards: Specific KPIs or performance requirements for leased employees, used in specialized or high-skill positions

3. Training Requirements: Specific training obligations of either party, used when specialized training is needed

4. Intellectual Property Rights: IP ownership provisions, used when leased employees may create IP during their assignment

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

6. Dispute Resolution: Alternative dispute resolution procedures, used when parties prefer mediation before litigation

7. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, used in complex corporate structures

What schedules should be included in a Employee Leasing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of leasing fees, markups, and payment terms

2. Schedule 2 - Service Levels: Specific service standards and response times for employee replacement or issues

3. Schedule 3 - Required Qualifications: Minimum qualifications and experience requirements for leased employees

4. Schedule 4 - Health and Safety Requirements: Specific health and safety protocols and responsibilities

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Appendix A - Standard Employee Assignment Terms: Template terms for individual employee assignments

7. Appendix B - Reporting Requirements: Templates and schedules for required reporting between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use

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