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 employment and employees on loan to other employers, including the applicable collective bargaining agreement of the National Labour Council and the Joint Committee for Temporary Employment, as well as the Act of 14 July 1991 concerning trade practices.
Temporary employees are provided under the special conditions agreed upon during the request process and under the general terms and conditions stipulated below, which are an integral part of the agreement signed by the client and Select Human Resources and which have been drawn up in accordance with the Act of 24 July 1987. Any deviation from these general terms and conditions must be agreed upon in writing.
These general terms and conditions - and in particular Article 24 - apply as soon as the client sends an inquiry to Select Human Resources and Select Human Resources presents candidates to the client.
In accordance with the collective bargaining agreement 38 version 4 of 14 July 1999 Select Human Resources may not treat candidates in a discriminatory manner; consequently the client may include only function-relevant criteria in its application.
From the beginning and during the term of the contract the client undertakes to provide Select Human Resources immediately with all necessary information and advise any changes, preferably in writing. 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.
If the professional qualifications of a temporary employee do not meet the needs of the client, the client must inform Select Human Resources accordingly within the first four working hours.
The client is responsible for obtaining the permits required by law.
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 by the law, for the necessary permits and information in connection with the hiring of temporary employees.
Select Human Resources is under no circumstances responsible for the consequences of any absence and/or tardiness on the part of its temporary employees. In such cases the client must advise Select Human Resources immediately.
The client may not use the services of Select Human Resources in case of lay-offs, strikes or lock-outs at its company. If such events occur, the client must inform Select Human Resources thereof immediately in writing. The mandatory withdrawal of the temporary employees in such cases does not entitle the client to any damages to be paid by Select Human Resources.
During the term of employment of the temporary employee at the client, in accordance with Article 19 of the Act of 24 July 1987, the client is responsible for applying 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 temporary employees the same as its permanent staff, including with regard to working hours, reduction of working hours, compensation, breaks, public holidays, Sunday work, night work, the welfare of the temporary employee at the workplace, etc.
Select Human Resources enters into a "best-efforts" contract and gives therefore no guarantee regarding the results of its commission.
The civil liability provided for in Article 1384 paragraph 3 of the Belgian Civil Code rests with the client. The latter is therefore solely liable for all damage caused by the temporary employee to third parties. The inclusion of a temporary employment clause in the civil liability insurance of the client is recommended. Select Human Resources is also not liable for damage caused by the temporary employee to the client during and as a result of his/her employment at the client. Select Human Resources is not liable for any direct damage or for loss of profit, unrealized savings, emergency or replacement costs or any indirect or consequential losses. Nor is Select Human Resources liable in case of damage, loss, theft or disappearance of material, money or goods entrusted to the temporary employee. The liability of Select Human Resources may never be invoked with regard to the selection if the client itself selected the temporary employee. Nor is Select Human Resources liable for loans or payment inl advance, in kind or in cash, which the client might grant to the temporary employee. Furthermore, any reimbursement claims for costs resulting from e.g. the use of the telephone for private purposes, meals taken in the company restaurant, permitted purchases of company products etc. must take place without the intervention of Select Human Resources.
Pursuant to Article 10 of the Act of 24 July 1987, the temporary employees are entitled to the same gross salary, including indexations and customary increases, bonuses, meal vouchers, advantages in kind and other salary components as if they had been hired permanently by the client. On the basis of Article 5 of these general terms and conditions the client must report the salary data to Select Human Resources. 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 entail additional charges to the client.
The temporary employee enjoys the same level of protection as the other employees the company of the client with regard to work safety and hygiene. The temporary employee may perform only those activities mentioned on the job sheet, or if no job sheet is required, as mentioned in the particular commercial terms and conditions, more specifically in the job description, the required professional qualifications and the result of the risk evaluation. In accordance with the Royal Decree of 19 February 1997, the client must, in certain cases, fill in the job sheet and send it to Select Human Resources before the temporary employee is made available for work. Before drawing up this job sheet, the client must obtain the recommendation of its prevention service and medical officer. The client has (pursuant to Article 5, § 3, 4° of the Royal Decree of 19 February 1997) the final responsibility for making available the work clothes and the personal protective equipment, as well as for cleaning, maintaining and keeping same in the normal ready-to-use condition, even if a different commercial agreement concerning the supply thereof has been signed with Select Human Resources.
Unless approved by Select Human Resources beforehand in writing, the client (i) may not entrust to the temporary employee any job other than the one for which the employee has been provided; more specifically, the client may not entrust to the employee the handling of machines, equipment, vehicles, goods or the transportation or collection of money; and (ii) the temporary employee may perform only normal tasks to the exclusion of all tasks protected by special legislation, such as unhealthy and hazardous work above ground or underground.
In case of an industrial accident suffered by a temporary employee, the client, after having taken all emergency measures, must immediately inform Select Human Resources and provide all necessary information for issuing an accident report. If this is not provided, or is provided late, the client may be held directly liable.
The client is solely responsible for returning the signed client contract and (for ensuring) the return of the completed and signed performance reports. In case of non-compliance, the client may not invoke the lack of signatures to the detriment of Select Human Resources, and Select Human Resources will invoice the client for the work actually performed by the temporary employee, the minimum being the work requested by the client.
By signing the worksheet the client confirms the correctness of the work performed as indicated and the implementation of the activities carried out by the temporary employee. The worksheet must be signed immediately after the work described on the worksheet has been performed, ensuring thereby that the client will in no any way impede the speedy and correct payment of the salary by Select Human Resources. The client may not dispute the validity of the signature of its employees or representatives. In case of automatic performance processing the client will always agree with the performance data transmitted automatically or electronically to Select Interim unless stipulated otherwise in writing. The client has sole responsibility for any errors in the automated transmission.
Invoices will be based on the data shown in the above-mentioned worksheets or transmitted electronically by the client, as well as on the initially agreed invoice percentage. Where appropriate, a revision up to 80% is possible with reference to the parameters that reflect actual costs. Each parameter applies only to the portion of the price corresponding to the respective costs. The final amount is increased by the applicable VAT.
Unless stipulated otherwise, the initially agreed-upon invoice percentage for special work (such as overtime, shift work, night work, work on Sundays and public holidays etc.) will be multiplied using the same coefficient as applied to the basic wage of the temporary employee who performs the work. Work stoppages for breaks, meals etc., as well as free time normally paid by the client to its permanent staff (such as bridge days) are considered work hours and will be invoiced as such. Each quarter of an hour that is initiated will be charged in its entirety. The client will be charged a minimum of four hours per day.
All complaints concerning invoices must be received by Select Human Resources within eight calendar days of the invoice date in the form of a registered letter and stating the reasons. Any complaint after that period is inadmissible.
The invoices of Select Human Resources are payable net, without discount and upon receipt. In case of payment other than cash, money transfer, draft or check, the collection costs are for the account of the client. If payment is not effected upon receipt of invoice, interest of 0.85% per month will be charged by law and without prior notice of default. In addition, after the client has, in writing, been declared in default, a standard charge of 15% on the owed amount will be due, the minimum being EUR 125. Any bills issued by Select Human Resources cannot change this regulation and do not constitute a novation. The temporary employee is not authorized to collect invoices.
If the client fails to comply with its legal obligations or the contractual terms and conditions (i.e. special and general), and also in case of non-payment, Select Human Resources has the right, without being held liable for the payment of any damages, to consider the current agreements null and void and to immediately recall its temporary employees. The client must indemnify Select Human Resources concerning consequential losses that Select Human Resources might suffer in this connection.
In the case that a temporary employee provided by Select Human Resources is taken over by the client before the contract is up, the client must pay to Select Human Resources a lump-sum amount in damages equal to 20% of the gross annual salary of the temporary employee in question. This amount is based on a mutual agreement between the client and Select Human Resources implying that the loss suffered by Select Human Resources consists, among others things, of the costs that the client would have incurred in connection with the recruitment, selection and screening of an employee with the same qualifications, and of lost profit, and that this damage can be estimated to be the lump-sum payment. Select Human Resources has the right to demand higher damages provided that it can prove the extent of its loss. The client undertakes to inform Select Human Resources beforehand of its intention to enter into an employment contract with the temporary employee, or to employ the temporary employee in a different way, directly or indirectly, at the client or an affiliated company.
In the case of a unilateral termination of the contract, without involving any hiring before the contract is up, the client shall be liable to pay Select Human Resources lump-sum damages under Article 1226 ff. of the Civil Code equal to the total of the invoices that Select Human Resources would have issued if the contract had been fulfilled, the minimum being EUR 125 per calendar day. This applies also in the case that the contract between the client and Select Human Resources becomes null and void as a result of the non-compliance by the client of the legal obligations or as a result of wrong information provided by the client when negotiating the contract. Select Human Resources has the right to demand higher damages provided that it can prove the extent of its loss.
These general terms and conditions may not contain any deletions whatsoever and shall prevail over any other conditions. Any reference by the client to its own general terms and conditions shall have no effect. A deviation from the general terms and conditions is possible only if agreed in writing.
These general terms and conditions are governed by and have been drawn up under Belgian law.
Any dispute concerning the validity, interpretation and implementation of these contractual terms and conditions (i.e. special and general conditions) must be settled by the courts of the location of the registered office of Select Human Resources to the exclusion of any other courts. Select Human Resources also has the right, however, to bring action before the court that would be competent according to common law.