1. These terms and conditions have been drawn up in accordance with the legislation in force, namely the Law of 24 July 1987 on temporary work, temporary agency work and the placement of employees at the disposal of users, including the applicable Collective Labour Agreements (CAO) of the NAR and of PC 322 for temporary agency work, as well as the Law of 14 July 1991 on trade practices.
2. The temporary workers are made available under the conditions agreed upon at the time of the request and under the general terms and conditions set out below, which form an integral part of the agreement concluded between the user and Transelect and which have been drawn up in accordance with the Law of 24 July 1987. Only job-relevant requirements will be taken into consideration.
3. In accordance with CAO 38 quater of 14/07/1999, Transelect may not treat candidates in a discriminatory manner; consequently, the user is only permitted to formulate job-relevant criteria in their request. Non-job-relevant characteristics such as religion, gender, race, sexual orientation, etc., shall be disregarded.
4. At the start of each employment, the User shall inform Transelect whether the conditions stated in Article 275-5 WIB 1992 regarding the exemption from payment of professional withholding tax for shift and/or night work are met. This exemption amounts to 22.80% of the total taxable wage, including premiums for shift and/or night work. The exemption does not apply to holiday pay, the year-end bonus, and arrears of remuneration. Any changes that may influence whether or not the employment qualifies as shift and/or night work within the meaning of Article 275-5 WIB 1992 must be communicated immediately by the User to Transelect. The User is solely liable for the failure to provide this information (on time), or for providing insufficient or incorrect information.

Transelect cannot proceed with the application of the exemption from payment of professional withholding tax provided for in Article 275-5 WIB 1992 if the User has not provided the necessary information to Transelect. If the User declares that the employment meets the conditions provided for in Article 275-5 WIB 1992, they undertake to keep the necessary supporting documents available for the competent inspection services. The User shall indemnify Transelect (i) for any loss, any liability and all costs (including reasonable legal costs), damages or expenses resulting from any incomplete, incorrect or late provision of information or statements by the User as well as (ii) for all taxes, levies or charges (including imposed fines and/or tax increases) that any authority in Belgium may impose on Transelect based on the User’s non-compliance with the conditions provided for in Article 275-5 WIB 1992 (other than VAT).

5. The user is solely liable for:

• The information necessary for the accurate preparation of the contracts and timesheets. The remuneration conditions of the permanent staff, including premiums and various benefits customary in the User’s company, as well as the allocation modalities. Failure to provide the necessary information or providing incomplete or incorrect data may lead to additional invoicing.
• The return of the signed client contract and the supervision of the return of the signed timesheets. By returning the completed and signed timesheet to Transelect, the User acknowledges the accuracy of the execution of working hours by the temporary worker. The signature of an employee or appointee on the timesheet cannot be disputed. In the case of automatic data processing, the identical rule applies and only the User is responsible for sending the correct information. In the event of failure to send the timesheet, the User shall not be able to invoke the non-signature to the detriment of Transelect, and Transelect shall invoice the User for the services actually performed by the temporary worker, with the contractually agreed services as a minimum.
• The timely reporting to Transelect of reasons for which the withdrawal of temporary workers is required.
• Obtaining permits required by law or Collective Labour Agreement (CAO).
• Communicating the workstation sheet to Transelect as well as the accuracy, completeness, and updating of its content. The temporary worker enjoys the same level of protection as other employees of the company regarding occupational safety and hygiene. The temporary worker may only perform those activities as stated on the workstation sheet. The User bears ultimate responsibility for providing work clothing and personal protective equipment, as well as for the cleaning, repair, and maintenance thereof. The User shall inform Transelect as soon as a temporary worker is included in the first aid register as a victim of a minor accident.
• Reporting regarding a possible industrial accident. In the event of an industrial accident, the User must immediately take all urgent measures. Transelect must be notified immediately and receive information for the preparation of a correct industrial accident report.
• The User is liable for the consequences of providing incorrect, incomplete, or late information.
• Regarding the operation of Dimona, for which all information must be provided before the start of the placement of the temporary worker.
• Regarding the late arrival or absence of temporary workers, and regarding the non-renewal of an assignment.
• The User is solely liable for the consequences resulting from the failure to provide this information (on time), or for providing insufficient or incorrect information. All rectifications and/or costs caused by this shall lead to additional invoicing to the User.
• Sanctions resulting from late or non-declaration of Dimona by the User shall be recovered from the User and charged accordingly.
• The User bears the liability for the correct application of motives and terms for temporary work; within the framework of these motives, they shall ensure, in the cases provided for by law, the necessary permits and notifications regarding the employment of temporary workers.

6. The User cannot call upon the services of Transelect in the event of temporary unemployment, a strike, or a lockout in their company. In such cases, the User must inform Transelect immediately and in writing. The mandatory withdrawal of temporary workers in these cases does not give rise to the payment of any compensation by Transelect to the User. The User is solely liable if, during a potential inspection, it appears that temporary unemployment could not be requested because the conditions for application were not met due to wrong, incorrect, incomplete, or late information by the User. All associated costs such as, but not limited to, (monetary) fines, sanctions, as well as contributions/deductions, correction(s) of any benefits the User has received, and the costs of the payroll administrative processing of this regularisation will be invoiced to the User.
7. During the period of employment of the temporary worker with the User, in accordance with Article 19 of the Law of 24 July 1987, the User is responsible for the application of the provisions of the law regarding the regulation and protection of labor that apply at the place of employment. It follows that the User must treat temporary workers on an equal footing with their permanent staff, including regarding gross salary, including indexations and conventional increases, premiums, meal vouchers, and other wage components as if they were taken into permanent service by the User, as well as working hours, reduction of working hours, compensations, breaks, public holidays, Sunday work, night work, well-being of the temporary worker at work, etc.
8. Civil liability, as provided for in Article 1384 paragraph 3 of the Civil Code, rests exclusively with the User. The User is therefore solely liable for all damage caused by the temporary worker to third parties. The provision of a “temporary work clause” in the User’s civil liability insurance is recommended.
9. Transelect disclaims any liability arising from loans or advances, in kind or in cash, that may be granted by the User to the temporary worker. The recovery of costs resulting from the use of the telephone for private purposes, meals consumed in the canteen, and purchases for which authorization was granted. Transelect accepts no liability in any form whatsoever in the event of loss, theft, or disappearance of equipment and goods entrusted to the temporary worker.
10. Regarding selection, Transelect’s liability can never be invoked if the User performs the selection of the candidate temporary workers themselves.
11. Invoicing is based on:

Invoicing is based on: The services as stated on the timesheets or as electronically transmitted by the User, with a minimum of the hours requested by the User, except when fewer hours were worked solely due to the temporary worker and if the information obligation of these conditions was met: in the absence of timesheets completed and signed by the User, invoicing is based on the services actually performed by the temporary worker, with a minimum of the hours requested by the User. In this context, all paid free hours and days granted by the User to their permanent staff, such as extra-legal public holidays, vacation days, bridge days, etc., to which the temporary worker is also entitled, are also considered as services and invoiced as such to the User.

12. The agreed coefficient and/or the agreed rate: this coefficient and/or this rate shall be unilaterally increased by Transelect in the event of an increase in direct or indirect employer charges as well as all other possible factors determining the actual wage cost; this rate shall also be unilaterally increased by Transelect in the event of an increase in the basic wage of the temporary worker due to wage indexations and conventional wage increases applicable at the User’s company. – Other written price agreements; increased by the applicable VAT. For special services (such as overtime, shift work, night work, work on Sundays and public holidays, etc.), the temporary worker shall be compensated in accordance with the law and/or Collective Labour Agreement (CAO) applicable at the User’s company. The wage supplement thus payable shall be invoiced to the User at the same coefficient as that applied to the basic wage of the temporary worker or as that used for the calculation of the rate.
13. All complaints concerning invoices must reach Transelect within eight calendar days after the invoice date by motivated registered letter. After this period, the complaint is inadmissible.
14. Transelect’s invoices are payable upon receipt, net and without discount. In the absence of payment upon receipt, the amount charged shall be increased by operation of law and without prior notice of default by the legal interest rate (= reference interest rate of the European Central Bank increased by 7 percentage points) as stipulated in the Law of 2 August 2002. Furthermore, by operation of law, as a fixed agreed compensation, a fee of 10% on the sums due shall be owed, with a minimum of 125.00 euros and a maximum of 12,500.00 euros if our invoicing remains unpaid for more than 30 days after the due date. Bills of exchange do not entail any deviation from this and do not create any debt renewal. The temporary worker is not authorized to collect our invoices. In the event of late payment, protested bill of exchange, uncovered check, bankruptcy, court settlement, or any event by which Transelect’s claim is endangered, Transelect reserves the right to unilaterally terminate the present agreement and/or to demand the total amount of the outstanding accounts (even those that have not expired) within 24 hours after registered letter, without the User being entitled to any compensation.
15. If the User fails to comply with their legal obligations or the general terms and conditions, as well as in the event of non-payment, Transelect has the right, without being held liable for the payment of any compensation, to consider the current agreements as dissolved and to withdraw its temporary worker immediately.
16. If the User enters into an employment relationship with the candidate/temporary worker for the same or another position before the end of a minimum period specified in the offer agreement without the intervention of Transelect BV, a compensation of 20% of the gross annual salary of the candidate/temporary worker will be invoiced to the User as compensation.
17. Recruitment without term: In the event of recruitment by the client (or an associated company or via another temporary employment agency or selection agency) within a period of 12 months without the intervention of Transelect, a fixed compensation equal to 25% of the gross annual salary of the temporary worker concerned will be charged. This concerns an employment relationship with the temporary worker for the same or for another position before the temporary worker has performed the agreed term. This amount is based on the damage suffered and the associated costs for prospection, selection, and screening as well as administrative follow-up.
18. The client declares that if overtime is performed by the temporary worker, this overtime is performed due to an extraordinary increase in work or following an unforeseen necessity.
19. These general terms and conditions may not contain any deletions and take precedence over all others. A deviation from these general terms and conditions is only possible if agreed upon in writing.
20. In the event of a dispute and/or non-payment, only the courts of the district of Hasselt are competent.
21. Successive daily contracts:

– The need for flexibility exists for one of the following reasons:

• When the work volume at the client is largely dependent on external factors;
• When the work volume at the client fluctuates significantly;
• Or when the work volume is linked to the nature of the assignment.

– The client is responsible for the need for flexibility and the proof thereof. The temporary employment agency has no discretionary power in this regard.

– If, in violation of the applicable regulations and in violation of the first paragraph of this article, successive daily contracts are nevertheless used, the temporary employment agency may be required to pay the temporary worker, in addition to the wage, a compensation corresponding to the wage that should have been paid if a temporary employment contract of two weeks had been concluded.

– Because the client is responsible for the existence of a need for flexibility, the parties agree that the temporary employment agency will invoice the client for the cost of the sanction provided for in the previous paragraph as well as all associated costs.

22. Inflow Motive:

• The client must inform the temporary employment agency in writing whether a first, second, or third employment attempt was undertaken to fill the specific workstation using the inflow motive. – The temporary worker who, prior to employment under the inflow motive, terminated an employment contract of indefinite duration to re-enter via temporary work may be entitled to an employment guarantee of 1 month.
• If the collaboration is terminated or not renewed due to the client before the end of the employment guarantee provided for in §1, the parties agree that the client must pay the temporary employment agency a compensation equal to the amount of the wage, in a broad sense, that would be due until the end of the term of the employment guarantee (as provided for in Article 29) and the associated costs due to the temporary employment agency.