Temporary work in some public services: possible since 1 February 2019!

A Royal Decree of 7 December 2018 sets the framework for the introduction of temporary work in some federal services, in public companies and in HR Rail.

The aim is to provide an answer to the labour needs that require a quick solution so that the service can be guaranteed (e.g. when a staff member is suddenly absent).

This Royal Decree on the application of temporary work in some federal services, in public companies and in HR Rail in implementation of article 48 of the Act of 24 July 1987 on temporary work and the posting of employees for the purpose of users entered into force on 1 February 2019.

A brief overview.

Which public services?

The Royal Decree of 7 December 2018 lists the public services that can appeal to temporary work. These are in particular the following:

• HR Rail;
• The public companies covered by the Act of 21 March 1991 on the reform of certain economic public companies;
• The services covered by the Act of 22 July 1993 on certain measures relating to civil service matters;
• The Belgian Institute for Postal Services and Telecommunications;
• The Federal Agency for the Reception of Asylum Seekers.

Forms of temporary work and procedure?

Pursuant to the Royal Decree of 7 December 2018, it is permitted to invoke temporary work in the following cases, except in the event of strike or lock-out:

• the temporary replacement of a contractual staff member whose performance of the employment contract has been suspended;
• the temporary replacement of a contractual staff member whose employment contract has been terminated;
• the temporary replacement of a statutory staff member who does not perform his duties or only on a part-time basis;
• temporary increase in work;
• the performance of an exceptional work; the activities referred to are described in a second Royal Decree of 7 December 2018 and concerning the definition of exceptional work in implementation of Article 1, § 4 of the Act of 24 July 1987.

There is a maximum duration for each of the forms of temporary work (in principle maximum 12 months).

The Royal Decree of 7 December 2018 also determines the conditions to be able to invoke temporary work under the motive of integration as well as the conditions to be able to conclude successive daily contracts for temporary work.

Moreover, the services that want to appeal to temporary work must observe strict and specific procedures that vary according to the service (e.g. prior negotiation with/information of the trade union organisations, etc.).

Drawing up a report and monitoring?

The Royal Decree of 7 December 2018 lays down a reporting and monitoring obligation.

Each service must provide the FPS Policy and Support with global information on the temporary employees (e.g. the number of temporary employees and the hours worked, per motive) every year.

Sources: Royal Decree of 7 December 2018 on the application of temporary work in some federal services, in public companies and in HR Rail in implementation of article 48 of the Act of 24 July 1987 on temporary work and the posting of employees for the purpose of users, Belgian Official Gazette of 14 January 2019;Royal Decree of 7 December 2018 on the definition of exceptional work in implementation of article 1, § 4 of the Act of 24 July 1987 on temporary work and the posting of employees for the purpose of users, Belgian Official Gazette of 14 January 2019.