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Temporary Work Agreement Template for Belgium

A legally-compliant temporary work agreement governed by Belgian law, specifically designed to establish a tripartite employment relationship between a temporary work agency, a user company, and a temporary worker. This document adheres to the Belgian Act of 24 July 1987 on Temporary Work and related legislation, including applicable Collective Bargaining Agreements. It covers essential elements such as employment terms, duration, working conditions, remuneration, and specific protections required under Belgian employment law, while clearly defining the rights and obligations of all parties involved in the temporary work arrangement.

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What is a Temporary Work Agreement?

This Temporary Work Agreement template is designed for use in Belgium when establishing temporary employment relationships under Belgian law. It is specifically structured to comply with the Act of 24 July 1987 on Temporary Work and related legislation, including relevant Collective Bargaining Agreements. The document should be used when a company needs temporary staff through a temporary work agency, whether for replacement of permanent staff, handling temporary increases in workload, or executing exceptional work. It includes all mandatory provisions required by Belgian law, such as specific employment conditions, duration limits, remuneration requirements, and worker protections. This template ensures proper documentation of the tripartite relationship between the temporary work agency, user company, and temporary worker, while maintaining compliance with Belgian social security and employment regulations.

What sections should be included in a Temporary Work Agreement?

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

2. Background: Context of the temporary work arrangement and reason for engaging the temporary worker

3. Definitions: Key terms used throughout the agreement

4. Nature and Duration of Employment: Specific type of temporary work (replacement, workload increase, exceptional work) and duration of the assignment

5. Job Description and Workplace: Detailed description of the role, responsibilities, and location of work

6. Working Hours: Specified working hours, breaks, and schedule in compliance with Belgian working time regulations

7. Remuneration: Salary, benefits, and payment terms in accordance with Belgian law and applicable CBAs

8. Leave Entitlements: Holiday rights, public holidays, and other leave provisions

9. Health and Safety: Obligations regarding workplace safety and health measures

10. Confidentiality and Data Protection: Provisions regarding confidential information and personal data processing

11. Termination: Conditions and procedures for ending the temporary work relationship

12. Governing Law: Confirmation of Belgian law application and jurisdiction

What sections are optional to include in a Temporary Work Agreement?

1. Probationary Period: Optional trial period clause, if applicable under the specific circumstances

2. Non-Competition: Restrictions on working for competitors, if relevant to the position

3. Intellectual Property: IP rights provisions when the work involves creation of intellectual property

4. Travel and Expenses: Terms for business travel and expense reimbursement if relevant to the role

5. Training Requirements: Specific training or certification requirements for the position

6. Performance Evaluation: Assessment criteria and review process if the assignment is long enough to warrant it

7. Equipment and Tools: Provisions regarding work equipment if provided by either the agency or user company

What schedules should be included in a Temporary Work Agreement?

1. Schedule 1 - Detailed Job Description: Comprehensive description of duties, responsibilities, and required qualifications

2. Schedule 2 - Working Time Schedule: Detailed breakdown of working hours, shifts, and break times

3. Schedule 3 - Remuneration Details: Detailed breakdown of salary components, benefits, and payment arrangements

4. Schedule 4 - Health and Safety Guidelines: Specific safety procedures and requirements for the workplace

5. Schedule 5 - Company Policies: Relevant policies of the user company that apply to temporary workers

6. Appendix A - Required Documentation: Copies of necessary permits, certificates, or qualifications

7. Appendix B - DIMONA Declaration: Copy of the mandatory electronic declaration of employment

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Cost

Free to use

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