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General terms and conditions for temporary agency work

Article 1. These general terms and conditions apply to all agreements concerning the assignment of temporary agency workers to user undertakings, payrolling, interim pool management and selection, and the provision of HR services carried out under the trade name TOPANGELS. This trade name is jointly commercialised by the public limited company TOPANGELS, with enterprise number 0633623794, established at Atomiumlaan 1, box 30, 1020 Brussels.

Article 2. These general terms and conditions have been drawn up in accordance with the legislation in force, including, without limitation:

the Act of 24 July 1987 on temporary work, temporary agency work and the hiring-out of workers to user undertakings, including the applicable collective bargaining agreements of the National Labour Council and the Joint Committee for Temporary Agency Work;

the Act of 14 July 1991 on commercial practices;

the Decree of the Flemish authorities of 10 December 2010 on private employment placement;

the Decision of the Flemish Government of 10 December 2010 implementing the Decree on private employment placement;

the Decree of the Walloon authorities of 3 April 2009 on the registration and accreditation of employment agencies;

the Decree of the German-speaking Community of 11 May 2009 on the authorisation of temporary employment agencies and the supervision of private employment agencies.

Article 3. Temporary agency workers are assigned under the special terms agreed when the request is made and under the general terms and conditions set out below, which form an integral part of the agreement concluded between the user undertaking and TOPANGELS. Any departure from these general terms and conditions must be agreed in advance and in writing.

Article 4. These general terms and conditions, and Article 24 in particular, also apply as soon as the user undertaking entrusts a request to TOPANGELS, whether by telephone, text message, email, in writing or in any other form, and TOPANGELS presents candidates to the user undertaking.

Article 5. TOPANGELS undertakes an obligation to use reasonable endeavours and does not guarantee the results of its assignment.

Article 6. Pursuant to collective bargaining agreement 38 quater of 14/07/1999 and the Anti-Discrimination Act of 10 May 2007, TOPANGELS may not treat candidates in a discriminatory manner. The user undertaking may therefore specify only job-relevant criteria in its request.

Article 7. The user undertaking undertakes to provide TOPANGELS in writing with all necessary information when making the request, at the start of the agreement and throughout its term, and to communicate any changes without delay.

Without being exhaustive, this includes the following information:

the reason for using temporary agency work (see also Art. 8 below), whether a trade union delegation is present, and the competent joint committee;

the job description, including the required professional qualifications, the risk assessment and the workstation information sheet (see also Arts. 9 and 17 below);

the remuneration terms of permanent staff, including bonuses and the various benefits customary in the user undertaking’s business, together with the conditions for granting them;

all information required for the DIMONA declaration, which must be provided before the temporary agency worker’s assignment begins;

all information concerning the temporary agency worker’s lateness or absence (see also Art. 11 below);

all information relating to an accident at work;

all information concerning the work performed;

all information relating to the extension or non-renewal of the assignment;

all information concerning possible strikes, lock-outs or other forms of temporary unemployment;

the work rules.

The user undertaking is solely liable for the consequences of failing to provide this information, providing it late, or providing insufficient or incorrect information. All resulting corrections and/or costs will give rise to additional invoicing to the user undertaking.

If the DIMONA declaration cannot be made before employment begins because information is provided late, the user undertaking risks being regarded as the employer under an employment contract of indefinite duration.

Article 8. The user undertaking is responsible for correctly applying the grounds and time limits for temporary agency work. Within the framework of these grounds, the user undertaking must obtain the necessary authorisations and make the required notifications concerning the employment of temporary agency workers in advance, in the cases provided for by law.

The user undertaking is responsible for obtaining all permits required by law.

Article 9. If a temporary agency worker’s professional qualifications do not meet the user undertaking’s requirements, the user undertaking must inform TOPANGELS within the first four working hours.

If the user undertaking selects the temporary agency workers itself, it may never invoke the temporary agency worker’s unsuitability against TOPANGELS.

Article 10. TOPANGELS is under no circumstances liable for the direct or indirect consequences of the absence and/or lateness of its temporary agency workers. Where applicable, the user undertaking must immediately inform TOPANGELS.

Article 11. The temporary agency worker enjoys the same level of protection as the user undertaking’s other employees regarding occupational safety and hygiene. The temporary agency worker may perform only the tasks stated on the workstation information sheet or, if no such sheet is required, the tasks stated in the special terms, specifically in the workstation description, the required professional qualifications and the results of the risk assessment.

Pursuant to the Royal Decree of 19 February 1997, the user undertaking must complete the workstation information sheet in the cases provided for and submit it to TOPANGELS before the temporary agency worker is assigned. When preparing this sheet, the user undertaking must seek advice from its prevention service and occupational physician. In accordance with Article 5, §3, 4° of the Royal Decree of 19 February 1997, the user undertaking bears ultimate responsibility for providing work clothing and personal protective equipment, and for cleaning, repairing and keeping them in normal usable condition, even if a different agreement on their supply has been concluded with TOPANGELS.

Article 12. During the temporary agency worker’s employment with the user undertaking, the user undertaking is responsible for applying the legal provisions governing the regulation and protection of work applicable at the workplace. This means that the user undertaking must treat temporary agency workers on an equal footing with its permanent staff, including in relation to working time, reductions in working time, compensation, breaks, public holidays, Sunday work, night work, the temporary agency worker’s well-being at work, etc.

Article 13. Pursuant to Article 10 of the Act of 24/07/1987, temporary agency workers are entitled to the same gross pay, including indexation, collectively agreed increases, bonuses, meal vouchers, eco-vouchers, benefits in kind and other pay components, as if they had been employed permanently by the user undertaking. All paid time off granted and paid by the user undertaking to its permanent staff, such as additional public holidays, leave days, bridging days, rest periods and meal breaks, is regarded as working time and will be invoiced accordingly.

The user undertaking must provide all these remuneration details to TOPANGELS in advance. The user undertaking is solely liable for the consequences of failing to provide this information, or providing incomplete, late or incorrect information. All resulting corrections and/or costs are payable by the user undertaking.

Article 14. The user undertaking exercises actual authority over the temporary agency worker. Consequently, the civil liability provided for in Article 1384, paragraph 3, of the Civil Code rests with the user undertaking, which is solely liable for all damage caused by the temporary agency worker to third parties. TOPANGELS recommends that the user undertaking include a temporary agency work clause in its civil liability insurance policy.

TOPANGELS is not liable for damage caused by the temporary agency worker to the user undertaking during and in connection with the worker’s employment with the user undertaking, nor for direct damage, loss of profit, loss of anticipated savings, costs of alternative arrangements or replacement, or any indirect or consequential damage.

Article 15. TOPANGELS is not liable for loans or advances in kind or in cash granted by the user undertaking to the temporary agency worker, nor for their possible recovery. TOPANGELS is also not liable for damage, loss, theft or disappearance of equipment, money or goods entrusted to the temporary agency worker.

Any costs arising from the use of the user undertaking’s business telephone for personal purposes, any traffic fines incurred when using a company vehicle, and company-specific personal expenses such as use of the user undertaking’s company restaurant will be recovered by the user undertaking directly from the temporary agency worker, without the involvement of TOPANGELS.

Article 16. The user undertaking may not use TOPANGELS’ services in the event of temporary unemployment, a strike or a lock-out within its business. In such cases, the user undertaking must immediately inform TOPANGELS in writing. The withdrawal of temporary agency workers required by law in these cases does not entitle the user undertaking to any compensation from TOPANGELS.

Article 17. Unless TOPANGELS has given its prior written agreement:

the user undertaking may not entrust the temporary agency worker with any task other than those for which the worker is assigned or which are stated on the workstation information sheet; in particular, it may not entrust the worker with any handling of machinery, equipment, vehicles or goods, or any transport or collection of currency;

the temporary agency worker may perform only normal assignments; assignments governed by specific legislation, such as unhealthy and dangerous assignments, above or below ground, are excluded.

Article 18. In the event of an accident at work involving a temporary agency worker, the user undertaking will immediately notify TOPANGELS after taking all urgent measures, and will provide all information necessary to prepare an accurate accident report.

Pursuant to Art. 94 ter, §2, 2° of the Act of 04/08/1996 on well-being at work, the user undertaking’s prevention adviser investigates every serious accident at work involving the temporary agency worker and contacts TOPANGELS’ prevention adviser. The latter assists with the investigation, during which measures to prevent similar accidents in the future are discussed. The user undertaking’s prevention adviser prepares the detailed report. The respective measures taken by the user undertaking and TOPANGELS on the basis of this report are entered and signed by them in the report, which the user undertaking sends to the Federal Inspection Service within 10 days of the accident. If an external expert is appointed by the Federal Inspection Service, any costs of that expert are payable by the user undertaking.

The user undertaking is liable for the consequences of failing to provide information or providing incorrect, incomplete or late information.

Article 19. The user undertaking is solely responsible for returning the signed client agreement on time and for returning, and supervising the return of, the completed and signed timesheets before the end of the working day following the temporary agency worker’s last day of work. Failing this, the user undertaking may not invoke the absence of a signature or failure to return the documents to the detriment of TOPANGELS.

By returning the signed timesheets to TOPANGELS, the user undertaking acknowledges the accuracy of the recorded hours and the performance of the work carried out by the temporary agency worker. The timesheets must be signed without delay after completion of the work described on the relevant timesheet, so that the user undertaking does not in any way obstruct TOPANGELS’ prompt and accurate processing of wage payments.

The user undertaking will not dispute the validity of a timesheet signed by an employee, appointee or authorised representative of the user undertaking. Where working time is processed automatically, the user undertaking always accepts the working-time data as transmitted to TOPANGELS by automated or electronic means. Only the user undertaking is liable for errors in automatic transmission.

Article 20. Invoicing is based on the following elements:

the work recorded on the timesheets or transmitted electronically by the user undertaking, with a minimum equal to the hours requested by the user undertaking, unless fewer hours were worked solely as a result of the temporary agency worker’s actions and the information obligation under Article 7 of these terms and conditions has been fulfilled;

if TOPANGELS does not receive the timesheets on time in accordance with Article 19, invoicing will be based on the work performed as declared by the temporary agency worker, with a minimum equal to the work provided for in the agreement;

the agreed coefficient and/or rate. TOPANGELS will automatically increase this coefficient and/or rate if direct or indirect employer charges increase, as well as in the event of any other factors determining the actual wage cost, including, without limitation, an increase in the temporary agency worker’s basic wage resulting from wage indexation and collectively agreed pay increases applicable at the user undertaking;

a minimum of four hours per day will always be charged to the user undertaking. Every quarter-hour started is charged in full;

for special work, such as overtime, shift work, night work, work on Sundays and public holidays, etc., the temporary agency worker is paid in accordance with the law and/or collective bargaining agreement applicable at the user undertaking. The resulting wage supplement is invoiced to the user undertaking using the same coefficient as that applied to the temporary agency worker’s basic wage or used to calculate the rate. Other written pricing agreements also apply. All amounts are subject to the applicable VAT.

Article 21. TOPANGELS’ invoices are payable upon receipt, net and without discount, unless otherwise agreed in writing. Collection costs are payable in full by the user undertaking. In the event of late payment of an invoice, the interest rate for late payment in commercial transactions, pursuant to the Act of 02/08/2002, is payable automatically and without prior notice of default. In addition, following written notice of default, fixed compensation of 15% of the amounts due, subject to a minimum of 150 EUR, will be payable.

The temporary agency worker is not authorised to collect payment of our invoices.

Article 22. All complaints concerning invoices must reach TOPANGELS within ten calendar days of the invoice date by registered letter stating the grounds for the complaint. After this period, any complaint is inadmissible.

Article 23. In the event of late payment, a protested bill of exchange, a dishonoured cheque, bankruptcy, a composition with creditors or any event that jeopardises TOPANGELS’ claim, TOPANGELS reserves the right to terminate this agreement unilaterally and/or demand full payment of all outstanding invoices, including those not yet due, within 24 hours of a registered letter, without the user undertaking being entitled to any compensation. In addition, the user undertaking will fully indemnify TOPANGELS against all adverse consequences TOPANGELS may suffer in this connection.

If the user undertaking fails to comply with its legal obligations or the special and general terms and conditions, or in the event of non-payment, TOPANGELS has the right to treat the ongoing agreements as terminated and immediately withdraw its temporary agency workers, without being liable to pay any compensation. The user undertaking will fully indemnify TOPANGELS against all adverse consequences TOPANGELS may suffer in this connection.

Article 24. The user undertaking undertakes to notify TOPANGELS in advance and in writing of its intention to enter into an employment relationship with the temporary agency worker.

If the user undertaking concludes an employment contract, for the same or another role, with the temporary agency worker assigned by TOPANGELS before the end of the minimum period specified in the quotation, the user undertaking will pay TOPANGELS an amount equal to 25% of the temporary agency worker’s gross annual remuneration as compensation for the damage suffered. The user undertaking and TOPANGELS consider this percentage to be a reasonable estimate of the damage TOPANGELS will suffer as a result of such premature recruitment by the user undertaking.

The user undertaking also owes this compensation if the temporary agency worker enters into an employment relationship with the user undertaking after the assignment has ended, provided that fewer than 6 months have elapsed between the first day of the assignment and the first day of the employment relationship with the temporary agency worker.

Entering into an employment relationship with the temporary agency worker means:

  • the conclusion of an employment contract between the user undertaking and the temporary agency worker;
     
  • having the temporary agency worker concerned assigned to the user undertaking by a third party, including another temporary employment agency;
     
  • the establishment of an employment relationship between the temporary agency worker and a third party where the user undertaking and that third party belong to the same group, are each other’s parent company or subsidiary, or are related or associated companies in accordance with Title II, Chapter II of the Companies Code;
     
  • the conclusion of a contract for services with the temporary agency worker or with a third party that has recruited the temporary agency worker for this purpose.

Temporary agency worker means:

  • the temporary agency worker selected by TOPANGELS who has been assigned to the user undertaking under a temporary agency employment contract;
     
  • the prospective temporary agency worker presented to the user undertaking by TOPANGELS.

The temporary agency worker’s gross annual remuneration means:

  • if the temporary agency worker has already worked, the last applicable hourly wage x the average number of hours per week applicable in the user undertaking’s sector x 4,33 x 13,92;
     
  • if the prospective temporary agency worker has not yet worked, the hourly wage applicable at the user undertaking for the relevant role, subject to a minimum equal to the wage scales of the user undertaking’s joint committee, x the average number of hours per week applicable in the user undertaking’s sector x 4,33 x 13,92.

Article 25. If the user undertaking terminates the agreement unilaterally without prematurely recruiting the worker, the user undertaking owes TOPANGELS, pursuant to Article 1226 et seq. of the Civil Code, fixed compensation corresponding to the total amount of the invoices TOPANGELS would have issued had the agreement been performed in full, subject to a minimum of 125 EUR per calendar day per temporary agency worker.

This also applies if the agreement between the user undertaking and TOPANGELS is void as a result of the user undertaking’s failure to comply with legal obligations or because of incorrect information provided by the user undertaking when concluding the agreement. TOPANGELS is entitled to claim higher compensation provided that it can prove the extent of the damage.

Article 26. These general terms and conditions may not contain any deletions and take precedence over all others. Any reference by the user undertaking to its own general terms and conditions has no effect. Any departure from these general terms and conditions is possible only if agreed in writing. Departures from these general terms and conditions included in a quotation take effect only after the user undertaking has signed the quotation.

Article 27. These general terms and conditions are governed by and have been drawn up in accordance with Belgian law.

Article 28. Any dispute concerning the validity, interpretation and performance of these contractual terms and conditions, both special and general, will be settled exclusively by the courts having jurisdiction over TOPANGELS’ registered office.

Terms of use

These terms of use apply to the website www.topangels.be. This website concerns the services offered by Topangels NV, with Crossroads Bank for Enterprises number 0633.623.794 and registered office at Atomiumlaan 1, box 30, 1020 Brussels, hereinafter referred to as Topangels.

  1. Scope

These terms of use apply to the above-mentioned website, any newsletter and/or account platform. This list is not exhaustive. Applications of the website that are not listed and/or any new applications are also automatically subject to these terms of use. In addition to these terms of use, you are strongly advised to consult the privacy statement and cookie policy, which are also available on the website. By visiting the website or using it in any way, you agree to these terms of use. If you do not agree, you are requested to stop using the website.

  1. Presentation of information

All data on the website is maintained with the utmost care; nevertheless, errors or omissions may occur. Given the rapid development and complexity of the matters addressed, our company cannot guarantee the accuracy, adequacy or completeness of the information provided. Topangels therefore disclaims all liability for direct and indirect damage resulting from access to, consultation or use of the information, data and publications on the website and/or access to or use of interactive applications. The information does not replace advice or assistance in specific cases. The user remains fully responsible for the choice of information consulted and for the consequences of using that information.

  1. Intellectual property rights

The texts, logo, images, code, information, interactive applications, etc. belong to Topangels and are protected by copyright law. Copying, transmitting, publishing, distributing, selling, adapting or modifying the website, information or any part thereof in any way is prohibited without Topangels’ express prior written permission.

  1. User conduct

The user undertakes to use the websites, their components or other accessible services with due care and diligence, in accordance with these terms of use and applicable laws and regulations.

It is prohibited to use the services in a manner contrary to public policy or accepted standards of morality, to send or upload obscene, unlawful, defamatory or threatening material or material inciting racism or xenophobia, or to send or upload material containing a commercial, advertising or promotional message.

The websites, their components or other accessible services may not be used to send or upload advertising, junk mail, spam, unsolicited chain letters or any other self-replicating or unwanted message. Nor may they be used in a way that disrupts, damages or hinders the website, services or services provided by third parties, for example by transferring unreasonably large files, or to send or upload viruses or other harmful programs.

The user will also refrain from using deep links, robots or any other technology that uses the website or its content for a purpose other than that for which it is offered or displayed on the website. The user may not gain access to content on the website that is not intended for them, for example through hacking, password mining or any other technique. Furthermore, the user will not test any vulnerabilities of the website.

  1. Topangels’ obligations concerning the website

Our company makes every effort to ensure access to the websites and their proper operation. However, this is solely an obligation to use reasonable endeavours and not an obligation to achieve a particular result. In principle, the website can be consulted at all times, except during periods of technical maintenance, content maintenance or repair of defects. Our company cannot be held liable for damage resulting from the unavailability of the website or any restriction on its use, etc. It selects, at its sole discretion, the technical means necessary to ensure optimum access and proper operation.

Our company endeavours, within its capabilities and in a proportionate manner, to provide security for the websites. Despite all efforts, internet services can never be entirely free from potential security risks. Our company is not responsible for breaches of the confidentiality of any data, for example where the website or servers are attacked by third parties.

  1. Social media and other links

The website may contain links to social media. When using these websites, the terms and conditions of the social media sites must also be observed. These are interactive sites; our company therefore does not always control content posted on them by third parties and cannot be held liable for it.

The same provision applies to any links to other websites or pages of partners or third parties. Providing links to these sites does not in any way imply approval of their content. Our company expressly states that it has no control over the content or other characteristics of these websites and cannot be held liable for them or for damage resulting from their use. Reference is also made to the terms of use of the sites concerned.

  1. Changes

Topangels reserves the right to amend these terms of use. Any amendment will be published on the website. When you use this website, you are automatically bound by the provisions of the terms of use as amended. You are therefore advised to consult this text regularly when visiting our website. The latest version dates from June 2018.

  1. Contact

If you have any questions after reading these terms and conditions, you can always contact us using the contact form or the contact details available on the website.