The Staffing Agency Agreement is essential for businesses operating in Belgium that require temporary workforce solutions. It establishes the legal and operational framework between staffing agencies and companies seeking temporary workers, ensuring compliance with Belgian employment law, particularly the Law of 24 July 1987 on Temporary Work. This document is crucial when a company needs flexible staffing solutions while ensuring proper worker protection, clear responsibility allocation, and compliance with local regulations. The agreement covers key aspects including service terms, worker rights, fees, data protection, and operational procedures, while incorporating specific Belgian legal requirements for temporary employment relationships. It's particularly important given Belgium's strict regulation of temporary work arrangements and the need for clear documentation of employment relationships.
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1. Parties: Identification of the staffing agency and the client company, including registration numbers and registered offices
2. Background: Context of the agreement and brief description of parties' businesses and intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Temporary Workers', 'Services', 'Assignment', etc.
4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, selection, and placement processes
5. Agency Obligations: Key responsibilities of the staffing agency, including compliance with Belgian employment laws and verification procedures
6. Client Obligations: Client's responsibilities regarding temporary workers, including workplace safety and supervision
7. Worker Status and Rights: Clarification of employment relationships and workers' rights under Belgian law
8. Data Protection: GDPR compliance measures and data handling procedures for both parties
9. Fees and Payment Terms: Pricing structure, payment terms, and invoicing procedures
10. Term and Termination: Duration of agreement and termination provisions
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Insurance: Required insurance coverage for both parties
13. Confidentiality: Protection of confidential information exchanged during the service provision
14. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Conversion Fee: Terms for when a temporary worker is hired permanently by the client, used when permanent placement is possible
2. International Assignments: Additional provisions for cross-border placements, needed when operating internationally
3. Specific Industry Requirements: Additional provisions for specific sectors (e.g., healthcare, construction), included based on industry
4. KPIs and Service Levels: Detailed service level agreements and performance metrics, used for larger-scale arrangements
5. Force Majeure: Provisions for unforeseen circumstances, recommended for longer-term agreements
6. Non-Solicitation: Restrictions on hiring each other's employees, used when parties want additional protection
7. Dispute Resolution: Alternative dispute resolution procedures, optional when parties prefer mediation before litigation
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, markups, and payment terms
2. Schedule 2 - Service Level Agreement: Detailed performance metrics and service standards
3. Schedule 3 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
4. Schedule 4 - Required Worker Qualifications: Specific qualifications and certifications required for different roles
5. Schedule 5 - Operating Procedures: Detailed procedures for worker requisition, timesheet submission, and approval
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and coverage levels
7. Appendix A - Standard Terms for Temporary Workers: Standard terms and conditions applying to all temporary work assignments
8. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance measures
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