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To enable companies in certain sectors to cope with the consequences of the Covid-19 epidemic, it will be possible, under certain conditions, to hire out to them permanent employees who are employed in other companies.
Hiring out employees to users is prohibited, subject to the exceptions provided for in the Act of 24 July 1987 on temporary work, temporary agency work and hiring out employees to users.
The Act of 18 July 2021 provided for an additional exception to this rule until 30 September 2021.
This exception will be reintroduced from 1 January 2022 until 31 March 2022.
Please note! The measure still has to be published in the Belgian Official Gazette.
Update! The Act of 14 February 2022 was published on 9 March 2022. The measure has been confirmed.
If an employer wishes, outside his regular activity(ies), to hire out his permanent employees to a user, he will have to comply with the following conditions:
Note - Care sector is understood to mean:
The conditions and duration of the hiring-out period, will have to be laid down in a written document:
No further formalities will be required.
The employment contract between the employee and the employer will remain in force during the hiring-out period.
This means, among others, that the employer remains liable for the payment of wages to the hired out employee, the latter being furthermore not entitled to receive lower wages, allowances and benefits than those received by employees carrying out the same tasks in the user's company.
As for the user, he will become jointly and severally liable for the payment of social security contributions, wages, allowances and benefits resulting from the employment contract concluded between the employer and the employee.
During the hiring-out period, the user will also be responsible for the application of the legislation on the regulation and protection of labour applicable at the place of work (as referred to in Article 19 of the Act of 24 July 1987).
The employer who uses this measure will have to:
The discussion is placed on the agenda of the meeting each month for as long as the measure is used and, for the last time, at the meeting following the end of the use.
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