Temporary agency work: new measures as from 1 October 2016

In the context of the modernisation of the temporary agency work regulations, several new measures with regard to temporary agency work became effective on 1 October 2016.

Abolition of the '48-hour rule'

Since 1 October 2016, the written enactment of the employment contract for temporary agency work must occur on the employment start date of the temporay agency worker at the latest.

Reminder!

• Until 30 September 2016, the written enactment of the employment contract for temporary agency work had to occur within 2 working days as from the employment start date of the temporay agency worker at the latest (= ’48-hour rule).
• The obligation to provide a written enactment of the intention to conclude an employment contract for temporary agency work for each worker individually not later than at the time of the 1st recruitment of the temporary agency worker by the temporary work agency is maintained.

Generalised use of the electronic employment contract for temporary work

Since 1 October 2016, the electronically signed employment contract for temporary agency work is regarded as a written agreement provided that the electronic signature occurs by means of:

• a qualified electronic signature or a qualified electronic stamp (provided for by the relevant European regulations);
• or another electronic signature guaranteeing the identity of the parties, their agreement with the content of the contract and the preservation of the integrity of that contract.

In this context, a platform has been designed by Federgon. InterimSign will enable the temporary agency worker to sign all contracts on-line. This can be done in 2 ways: with the eID card (electronic identity card) or with a personal password (for example by using a smartphone).

Failing a consistent written document, the legislation stipulates:

• that the employment contract for temporary agency work shall be governed solely by the rules for employment contracts for an indefinite period 
• and that the temporary agency worker can terminate this contract without notice nor compensation within 7 days after employment starts

except when all of the following conditions are met:

• the intention to conclude an employment contract for temporary agency work has been enacted in writing by both parties;
• the temporary work agency has sent a draft electronic employment contract to the temporary agency worker before the employment start date, but the latter failed to sign this draft by the employment start date;
• the temporary agency worker started working with the user on the date set forth in this draft employment contract;
• the temporary work agency has confirmed the employment start date of the temporary worker (via the Dimona declaration) not later than on the date the temporary agency worker started employment with the user.

Reminder!

• Until 30 September 2016, the electronic employment contract for temporary agency work could only be concluded through the electronic identity card.
• A copy of the employment contract for temporary agency work concluded through an electronic signature (in principle) must be archived with an electronic archiving service provider.

Check of the Dimona declaration via Interim@work

Since 1 October 2016, the temporary agency worker can check whether the temporary work agency has submitted a Dimona declaration on his behalf via Interim@work (on-line service of the National Social Security Office developed on the basis of the student@work application).

This allows the temporary agency worker to inform the temporary work agency should he detect a problem (for example a missing declaration).

Sources: Act of 30 August 2016 amending article 8 of the act of 24 July 1987 on temporary work, temporary agency work and hiring-out workers to users with the aim to abolish the 48-hour rule and broaden the existing option to use electronic employment contracts for temporary agency work, Belgian Official Gazette of 15.09.2016; brochure InterimSign, www.interimsign.be; brochure Interim@work, www.socialsecurity.be.

Author: Catherine Mairy

21/10/2016