These provisions constitute an integral part of the agreement between Synergie and its various companies, hereafter known as Synergie.
General terms and conditions for the supply of services
- These general terms and conditions have been drawn up in accordance with the applicable legislation, i.e. the Act of 24 July 1987 concerning temporary work, temporary agency employment and employees on loan to other employers, including the applicable collective labour agreements of the National Works Council and the Joint Committee for Temporary Employment (PC 322), as well as the Act of 14 July 1991 concerning trade practices.
- Synergie agency workers are provided under the terms and conditions agreed during the request process and under the general terms and conditions stipulated below, which are an integral part of the agreement between the client and Synergie and that have been drawn up in accordance with the Act of 24 July 1987. Any deviation from these general terms and conditions must be agreed in writing.
- These general terms and conditions - and in particular Article 23 - apply as soon as the client sends an inquiry to Synergie and Synergie presents candidates to the client.
- These general terms and conditions may not include any deletions and shall prevail over all others. Any exemption from these general terms and conditions shall only be possible if this exemption is agreed in writing.
- In the event of disputes and/or non-payment, the courts in the district of the registered office Synergie nv shall have sole jurisdiction.
- In the context of their contractual relations, the Parties undertake to respect the current regulations on the processing of personal data ("Personal Data"), and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018 ("Regulation 2016/679") and associated and subsequent texts. In the context of this contract, SYNERGIE is considered to be the processing controller within the meaning given in Article 4.7 of the above-mentioned Regulation. The personal data transferred to you will be limited to the implementation of this contract, i.e. the data required for the processing of the administrative dossiers of temporary staff within its structure. Unless there is a legal exception, the processing of special categories of personal data is prohibited. For this reason, data concerning health or criminal convictions and offences, for example, cannot be sent to clients. The exchange of a national registration number is also prohibited by law.
Rights and duties of the client
- Pursuant to CLA 38 version 4 of 14 July 1999, Synergie may not treat candidates in a discriminatory manner. Consequently, the client may only include criteria that are relevant to the job in its request.
- From the beginning and during the term of the contract, the client undertakes to provide Synergie immediately with all necessary information and advise on any changes, preferably in writing.
Accordingly, the client shall provide Synergie with the following information in particular:
- the reason for using agency staff and the presence or otherwise of trade union representation;
- the payment conditions of permanent staff, including bonuses and the various benefits customary in the client's company, as well as the conditions under which these are granted;
- the activities, the job description and any job sheet, the required occupational qualifications, the results of risk assessments, medical supervision and personal protective equipment;
- potential strike or lock-out situations or other forms of temporary unemployment;
- any accidents at work;
- the operation of DIMONA [immediate notification of start/end of employment to tax office], any information with respect to which must be provided at the commencement of the availability of the agency worker;
- the late arrival or absence of agency workers;
- the non-renewal of a contract.
The client is solely responsible for all consequences that result from not providing such information or for providing late, insufficient or wrong information. Any corrections to be made and/or costs incurred as a result will result in additional charges to the client.
- The client is responsible for the correct application of the objectives and time limits for temporary employment. Within the framework of these objectives, the client is responsible, in the cases provided for in the law, for the necessary permits and information in connection with the hiring of agency workers. Where the objective “work overload” is used, the client may employ a maximum of 3 agency workers for this objective for the same vacant position. In the case of successive day contracts, the client provides an assurance that these are justified due to the need for flexibility specific to the company. Legal penalties that may be imposed on the temporary employment agency in the absence of objectives shall be charged to the client under the same invoicing conditions as those that were in force when the staff were provided.
- The agency is under no circumstances liable for the consequences of any absence and/or late arrival on the part of its agency workers.
- The client may not use the services of Synergie in the case of lay-offs, strikes or lock-outs at the company. If such events occur, the client must inform Synergie thereof immediately in writing. The mandatory withdrawal of agency workers in such cases does not entitle the client to any damages to be paid by Synergie.
- During the term in which the agency workers are provided to the client, the latter undertakes, pursuant to Section 19 of the Act of 24 July 1987, to apply the provisions of the law concerning work regulations and work protection that are applicable at the place of employment. It follows that the client must treat agency workers in the same way as its permanent staff, including with regard to working hours, working time reduction, compensation, breaks, holidays, working on Sundays, working at night, the welfare of agency workers at the workplace, etc.
- The civil liability, provided for in Section 1384 para. 3 of the Belgian Civil Code, rests with the client. The latter is therefore solely liable for any loss suffered by third parties due to actions on the part of the agency worker. The inclusion of an ‘agency staff clause’ in the client's civil liability insurance is recommended. Synergie shall not be held liable for any loss suffered by the client during and as a result of the agency work being provided to the client. Nor may Synergie be held liable in the case of damage, loss, theft or the disappearance of material, money or goods entrusted to the agency worker. Synergie may also not be held liable for loans or payments in advance, in kind or in cash, that the client might grant to the agency worker. Furthermore, any reimbursement claims for costs resulting from use of the telephone for private purposes, meals taken in the company restaurant, authorised purchases, etc. must take place without the intervention of Synergie.
- Synergie shall be bound by a best efforts undertaking and will apply due diligence when selecting agency workers, on the basis of the qualifications communicated to it by the client. If the services of a subcontractor are used to supply agency workers, these agency workers will be fully screened by Synergie in order to be able to assure fulfilment of the qualitative standards agreed with the client. If the client undertakes the selection of prospective agency workers itself, it may in no way invoke the liability of Synergie. Notwithstanding the fact that Synergie takes every care in the selection of agency workers, should the client find that the agency worker does not meet the requested job qualifications the client must inform Synergie of this immediately, in any event in the course of the first day of work, and must ensure this agency worker stops work. The client undertakes to confirm its decision to Synergie by registered letter.
- Pursuant to Section 17 of the Act of 24 July 1987, the client is requested to supply Synergie with one copy of the agreement within seven working days of the commencement of the provision of the agency worker.
- If the client does not comply with its legal obligations or the general terms and conditions, as well as in the event of non-payment, Synergie shall be entitled, without any requirement to pay compensation, to consider the current contracts to be at an end and to immediately recall its agency workers.
Rights and duties of the agency worker
- The agency worker shall be bound to Synergie through a contract of employment and therefore shall remain an employee of Synergie who is under the client's authority and supervision. Notwithstanding the fact that the agency worker shall remain subject to the regulations governing the relationship between Synergie, as an employer, and the agency worker, as an employee, when fulfilling his/her duties in the context of his/her assignment the agency worker must comply only and in full with the instructions of the client for whom he/she is performing this assignment.
- Pursuant to Section 10 of the Act of 24 July 1987, agency workers are entitled to the same gross salary, including indexations and customary pay increases, bonuses, meal vouchers and other salary components as if they had been hired permanently by the client. Based on Article 7 of these general terms and conditions, the client shall accordingly inform Synergie of this salary information. The client is solely responsible for all consequences that result from not providing such information or for providing late, incomplete or wrong information. Any corrections to be made and/or costs incurred as a result will result in additional charges to the client.
- The agency worker enjoys the same level of protection as other employees of the company with respect to health and safety at work. The agency worker may only perform the activities stated on the job sheet or, if no job sheet is required, as stated in the particular commercial terms and conditions, more specifically in the job sheet, the required professional qualifications and the result of the risk assessment. Pursuant to the Royal Decree of 15 December 2010, the client must, in some cases, fill in the job sheet and submit it to Synergie before the agency worker is made available for work. In completing the job sheet, the client must seek the advice of its prevention service and medical officer. The client shall bear ultimate responsibility (pursuant to Article 11, 2° and 3° of the Royal Decree of 15 December 2010) for the provision of work clothing and personal protective equipment, as well as for cleaning, repairing and maintaining in the normal ready-to-use condition, even if a different commercial agreement concerning the supply thereof has been entered into with Synergie. The client may only assign the agency worker to the tasks for which the worker has been provided. Unless agreed otherwise, the agency worker may not perform any tasks that are subject to special health and safety regulations, such as unhealthy and hazardous work and/or work underground or work at height. Unless agreed otherwise, the agency worker shall not be assigned to work abroad. Pursuant to Articles 2 and 4 of the CLA of 8 September 1993, the client shall arrange at the time the agency worker starts his/her assignment for the new agency worker to be inducted into the company and take account of agency workers when deciding on resources to facilitate their induction into the company.
- In the event that an agency worker suffers an accident at work, the client, after having taken all emergency measures and after giving first aid and, if applicable, placing the worker in the care of a doctor or hospital, must immediately inform Synergie and provide all necessary information for drawing up an accident report. If this is not provided, or is provided late, the client may be held directly liable. The client will provide Synergie with the necessary job sheets, completed and signed, before the agency workers starts work. If a Synergie agency worker is involved in an accident at work, the client, after having taken any emergency measures, shall immediately notify Synergie and provide the required information in the supplied form to draw up an accident report. Pursuant to Article 94, subsection 1 of the Welzijnswet [welfare act] of 04/08/1996, the prevention consultant employed by the client shall investigate any serious accident suffered by an agency worker. Pursuant to the same Article, subsection 2, the client's prevention consultant will contact Synergie's prevention consultant who will lend assistance to the investigation, and consult on measures to prevent similar accidents involving agency workers occurring in the future. The client's prevention consultant will produce a detailed report. The respective measures implemented by the client and Synergie on the basis of this report shall be reported and signed off in the final report sent by the client to the Federal Inspection Service, within 10 days of the accident. The client herewith declares that it is familiar with the Royal Decree of 25 April 2007 concerning the induction and support of employees in relation to health and safety at work. In specific terms, this means that the client shall be responsible for the induction and support of new agency workers.
- The client is solely responsible for returning the signed client contract and (supervising) the return of completed and signed worksheets. In case of non-compliance, the client may not invoke the lack of signature to the detriment of Synergie. Synergie will invoice the client for the hours actually worked by the agency worker, the minimum being the contractually agreed hours of work. If the agency worker is made available for an extended, uninterrupted period subsequent to the previous contract, for one or more consecutive days, including Saturday and Sunday, under the same working conditions, the above-mentioned contract shall be extended by this/these day/s of provision, on condition that the client informs Synergie of this extended provision the day before by 17.00 in writing.
- By signing the worksheet, the client confirms that the indicated hours of work are correct and that the reported work has been done by the agency worker. The worksheet must be signed immediately after the hours detailed on the worksheet in question have been worked, ensuring that the client will in no way impede the swift and accurate payment of the salary by Synergie. The client may not dispute the validity of the signature of its appointees or representatives. Unless agreed otherwise in writing, where hours worked are processed automatically the client shall always agree to the hours worked as transmitted to Synergie automatically or electronically. The client shall be solely liable for any errors in the automated transmission.
- Invoices will be based on the hours worked as indicated on the worksheets or as transmitted electronically by the client, the minimum being the hours requested by the client, unless fewer hours were worked due to the exclusive participation of the agency worker and as long as the notification duty defined in Article 5 of these terms and conditions is fulfilled. If the completed and signed worksheet is not provided by the client, invoicing will take place based on the hours actually worked by the agency worker, the minimum being the hours requested by the client. In this context, any free time and days granted by the client to its permanent staff, such non-mandatory holidays, annual leave, bridge days, etc., to which the agency worker is also entitled, will likewise be treated as hours worked and invoiced as such to the client. The agreed coefficient and/or agreed rate will be added to this initial invoice amount. In the case of an increase in direct or indirect employer contributions, this coefficient and/or this rate will be unilaterally increased accordingly by Synergie, as will any other factors determining the actual hourly wage costs. This rate will also be increased unilaterally by Synergie in the case of an increase in the agency worker's basic wage as a result of wage indexation and customary wage increases applied by the client. Invoicing will take place taking into account other wage components, as defined in Article 13 of these terms and conditions and other written wage agreements, including the applicable VAT. In the case of special work (such as overtime, shift work, night shifts, working on Sundays and bank holidays, etc.), the agency worker will be compensated pursuant to the legal stipulations and/or the CLA applied by the client. The additional payment will be invoiced to the client using the same coefficient as the coefficient applied to the agency worker's basic wage or as the coefficient used to calculate the rate. Unless agreed otherwise, in the context of DIMONA, a fixed sum will be paid per hour worked and stated on the invoices.
- Any complaints concerning invoices must be received by Synergie within eight calendar days of the invoice date in the form of a registered letter and stating reasons. Any complaint after this period is inadmissible.
- Synergie invoices are payable net, without discount and upon receipt, unless agreed otherwise in writing. If payment is made in any way other than in cash, by bank transfer, direct debit or cheque, any costs of collection incurred shall be paid by the client. If payment is not made upon receipt of the invoice, late payment interest, equivalent to the applicable legal interest rate for payment arrears in commercial transactions, will be legally applied to the invoice amount without prior notice of default. Furthermore, in the case of non-payment of the invoice one month after the due date and after the client has been declared in default in writing, a standard charge of 15% on the owed amount will be due, the minimum being 125 euros. The issue of bills of exchange by Synergie does not imply any exemption and does not provide for any novation. Any payment method agreed in writing shall legally lapse at such time as Synergie has to take legal action to recover unpaid invoices for which the client is liable. In the case of written proof of default, disputed bills of exchange or cheques that are not honoured, summonses from the Belgian Social Security Office or other indications that the client's solvency is in doubt, the methods of payment assigned by Synergie shall likewise legally lapse. In such cases, all invoices (including invoices not yet due) shall also become legally due and payable. Agency workers shall not be authorised to collect invoices. In the event of non-payment of an invoice or invoices by the due date, Synergie shall send, by any appropriate means (letter, e-mail, etc.), a reminder or reminders to the defaulting customer. These reminders shall result in the application of a standard charge for administrative costs.
Early hiring/unilateral breach of contract
- The following rules shall apply in the case of early hiring. If, before the end of a minimum period of four months of providing the agency worker and without the intervention of the temporary employment agency, the client enters into a working relationship with the agency worker for the same or another job, the client must pay the temporary employment agency an amount equivalent to 20% of the gross annual salary of the agency worker concerned by way of compensation for the loss suffered. Synergie reserves the right to demand additional compensation if it can prove that the loss suffered exceeds the above-mentioned compensation. The client shall also be liable to pay compensation if the agency worker enters into a working relationship with the client after the end of their provision, as long as four months have not elapsed between the first day of temporary employment and the first day of entering into the working relationship with the agency worker. The client undertakes to inform the temporary employment agency in writing and in advance of its intention of entering into a working relationship with the agency worker.
Entering into a working relationship with an agency worker shall be understood as follows:
- the client entering into a contract of employment with the agency worker
- allowing the provision to the client of the agency worker concerned by a third party (including another temporary employment agency)
- entering into a working relationship between the agency worker and a third party, where the client and this third party are part of the same group, one being the parent company or subsidiary of the other or linked or associated companies, subject to Title II, Chapter II of the Companies' Code.
entering into a subcontracting agreement with the agency worker or with a third party who has employed the agency worker for this purpose
Agency worker shall be taken to mean:
- the agency worker selected by the temporary employment agency, who has been supplied to the temporary employment agency under a temporary employment contract
- a candidate agency worker offered by the temporary employment agency to the client. The agency worker's gross annual salary shall be taken to mean:
- if the agency worker has already done some work: the final gross wage x the average number of hours worked per week in the client's industry x 4.33 x 13.92.
- if the agency worker has not yet done any work: the applicable gross wage for the relevant job (with as a minimum the payscale applied by the client's Joint Committee for Temporary Employment) x the average number of hours worked per week in the client's industry x 4.33 x 13.92.
- The following shall apply in the case of unilateral breach of contract, without involving early hiring. In the case of unilateral early termination the contract, the client shall be liable to pay lump-sum damages to Synergie under Article 1226 ff. of the Civil Code equal to the total of the invoices that Synergie would have issued if the contract had been fulfilled, the minimum being 125 euro per calendar day. This also applies in the case that the contract between the client and Synergie becomes null and void as a result of non-compliance by the client with the legal obligations or as a result of wrong information provided by the client when negotiating the contract. Synergie reserves the right to demand higher damages provided it can prove the extent of its loss.
General terms and conditions of recruitment and selection
- The terms and conditions stated below shall apply to all contracts, all employment proposals or any other form of agreement concluded between Synergie Careers, divisions of Synergie Belgium nv (hereafter: Synergie) and the client. Exemptions and/or contrary conditions shall only apply if agreed and expressly accepted by Synergie in writing.
- These general terms and conditions have been drawn up in accordance with the applicable legislation, i.e. the decision of the Flemish Government of 8 June 2000 to implement the decree of 13 April 1999 with respect to private employment agencies in the Flemish Region, including CLA no. 38 on recruitment and selection, as well as the Act of 14 July 1991 concerning trade practices, as well as the law on privacy protection.
Rights and duties of the client
- Assignments will only become final after they have been expressly accepted by both parties in writing.
- The cost of placing advertisements shall be borne exclusively by the client. Any estimates with respect to fees and costs are purely indicative and shall in no way be binding.
- Any stated time limits for the implementation of an assignment are only approximate and shall in no way be binding, unless provisions to the contrary are included in a written agreement. Exceeding the indicative time limits shall not bestow any right to compensation or non-fulfilment of the client's obligations arising out of this or any other agreement.
- The client is obliged to provide Synergie in good time with all the information that could reasonably be assumed to be important in connection with the provision of temporary staff.
- The client is obliged to follow correct procedures and act with care towards candidates put forward by Synergie, as well as the information provided as part of the proposal. This also means that the client is obliged, within a reasonable period of the interview taking place, to provide Synergie with a report of this meeting.
- If personality tests are performed, these shall take place in accordance with the decision of the Flemish Government of 8 June 2000 to implement the decree of 13 April 1999 with respect to private employment agencies in the Flemish Region. Personality tests with a professional slant: reporting on the suitability of a candidate in terms of personality aspects is based on the use of professional questionnaires and is carried out by one of our consultants, who has received specific training for this purpose and under the responsibility of a psychologist. Personality tests using standardised and computer-controlled interpretation and reporting: if applicable, these system-generated reports based on the test will be discussed in further detail in the relevant report. This is always done for Synergie by individuals who have been specifically trained to run the test. Personality observations via interviews, etc., in other words not using tests: statements on the suitability of the person are based on impressions gathered during the interview and/or observation and based on prior knowledge are not statements based on the use psycho-diagnostic methods. All reports supported by one of the above personality tests and/or personality observations always states the name of the consultant who did the work.
- Synergie is only bound by a best efforts undertaking to fulfil the contract. For this reason, no guarantee can be given with respect to the outcome of the assignment.
- The client shall be obliged before entering into an employment contract with the candidate to form an independent opinion of the candidate's suitability. Synergie will act with due diligence prior to and during selection, but this does not release the client from the obligation to perform normal checks. Synergie will not be liable if the candidate does not meet the expectations of the client, unless Synergie can be shown to have been negligent in the recruitment and selection process. In this case, any liability shall be limited to the maximum fee received for the assignment.
- Synergie shall in no way be liable for damage or losses caused by candidates it puts forward. The client indemnifies Synergie from any claims or liability towards third parties.
- The client shall not be permitted without the consent of Synergie to enter into a working relationship directly or through a third party or employ directly or indirectly:
- a candidate proposed by Synergie who was initially rejected by the client;
- candidates included on a proposed shortlist;
- or candidates actively presented by Synergie;
within one year of the termination of the contract. The foregoing applies irrespectively of the role for which the candidate/s concerned was/were employed. If the client does not comply with the above, he will become immediately liable to pay Synergie compensation equivalent to 1 years' gross salary that the candidate would have earned if he/she had been employed by the client in question.
The provisions with regards to invoicing (point 23 and 24) and the authorised court for disputes (point 5) of the general terms and conditions shall also apply here.