Employment Agency Contract Template for Belgium

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Key Requirements PROMPT example:

Employment Agency Contract

"I need an Employment Agency Contract for providing temporary IT workers to Belgian financial institutions, with enhanced data protection provisions and specific clauses for handling sensitive financial information, to be implemented by March 2025."

Document background
This Employment Agency Contract serves as the primary agreement for temporary staffing arrangements in Belgium, establishing the legal framework for cooperation between employment agencies and user companies. It is essential for organizations seeking flexible workforce solutions while ensuring compliance with Belgian federal and regional regulations, including the Law of 24 July 1987 and relevant Collective Labor Agreements. The document addresses crucial aspects such as worker rights, social security obligations, health and safety requirements, and data protection measures. It is particularly relevant in situations requiring temporary staff augmentation, seasonal work, or specific project-based assignments, and includes provisions for both the service relationship between agency and client, as well as the employment conditions for temporary workers.
Suggested Sections

1. Parties: Identification of the employment agency, the user company, and the temporary worker

2. Background: Context of the agreement and the basis for the temporary work arrangement

3. Definitions: Key terms used throughout the agreement including 'Assignment', 'Services', 'Working Hours', etc.

4. Scope of Services: Details of the employment agency's services and the nature of assignments

5. Duration and Terms: Period of the agreement and conditions for renewal or termination

6. Agency Obligations: Legal obligations and responsibilities of the employment agency

7. User Company Obligations: Responsibilities and duties of the user company

8. Worker Status and Rights: Legal status of workers and their fundamental rights under Belgian law

9. Remuneration and Payment Terms: Fee structure, payment terms, and wage calculations

10. Working Time and Leave: Regulations regarding working hours, rest periods, and leave entitlements

11. Health and Safety: Compliance with Belgian health and safety regulations

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data processing arrangements

14. Liability and Insurance: Allocation of risks and insurance requirements

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

Optional Sections

1. Special Skills Requirements: Used when positions require specific qualifications or certifications

2. International Assignments: Include when workers may be posted to other EU countries

3. Training Provisions: Required when specific training must be provided to temporary workers

4. Permanent Placement Options: Include when offering possibility of permanent employment with user company

5. Non-Compete Clauses: Used when protecting client relationships is crucial

6. Performance Monitoring: Include when specific KPIs or performance metrics apply

7. Specialized Industry Requirements: Used for sectors with specific regulatory requirements (e.g., healthcare, finance)

8. Force Majeure: Include detailed force majeure provisions for specific circumstances

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of agency fees and worker compensation

2. Schedule 2 - Standard Terms of Assignment: Template terms for individual worker assignments

3. Schedule 3 - Health and Safety Procedures: Specific safety protocols and requirements

4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Schedule 5 - Required Qualifications: List of mandatory qualifications for different positions

6. Schedule 6 - Insurance Certificates: Copies of required insurance policies

7. Appendix A - Worker Handbook: Standard policies and procedures for temporary workers

8. Appendix B - Timesheet Template: Standard format for recording working hours

9. Appendix C - Complaint Procedures: Process for handling worker or client complaints

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Construction

Logistics and Warehousing

Healthcare

Information Technology

Retail

Hospitality

Financial Services

Administrative Services

Professional Services

Agriculture

Food Processing

Education

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Risk Management

Contract Administration

Employee Relations

Recruitment

Account Management

Workforce Planning

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Operations Manager

HR Business Partner

Compliance Officer

Recruitment Manager

Account Manager

Contract Administrator

Risk Manager

Staffing Coordinator

Workforce Planning Manager

Employee Relations Manager

Temporary Worker

Agency Worker

Interim Manager

Industries
Law of 24 July 1987 on Temporary Work: The primary legislation governing temporary work, agency work, and the hiring of workers. Sets out the basic framework for temporary agency relationships and permitted circumstances for using agency workers.
Collective Labor Agreement No. 108: Regulates temporary agency work, including conditions for employment, duration of contracts, and obligations of all parties involved.
Belgian Employment Contracts Act of 3 July 1978: Provides the general framework for employment contracts in Belgium, including basic rights and obligations of employers and employees.
Social Security Law (DMFA): Covers social security contributions and declarations required for temporary agency workers.
Regional Decree on Employment Agencies: Specific regulations depending on the region (Brussels, Flanders, or Wallonia) where the agency operates, including licensing requirements.
Well-being at Work Act: Regulations concerning safety, health, and well-being of workers, including specific provisions for temporary workers.
Anti-Discrimination Law of 10 May 2007: Ensures equal treatment and prevents discrimination in employment relationships, including temporary agency work.
Law on Working Time of 16 March 1971: Regulates working hours, rest periods, and overtime, which must be reflected in agency work contracts.
Wage Protection Act: Governs payment terms, minimum wage requirements, and salary protection for workers, including agency workers.
GDPR and Belgian Privacy Law: Regulates the processing of personal data of temporary workers and data sharing between agency and user company.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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