09/2018: TEMPORARY AGENCY WORK: CHANGES IN CONDITIONS FOR SUCCESSIVE DAILY CONTRACTS

As a result of collective labour agreement 108/2, as of 1 October 2018 a number of conditions for the use of successive daily contracts for temporary agency work will change.

What is meant by successive daily contracts?
Successive daily contracts are contracts that cover a period of maximum 24 hours and follow one after the other (not counting public holidays and/or days when the category to which the employee belongs are ordinarily inactive in the company).

What changes apply as of 1 October 2018?
1. Need for flexibility
To prevent successive daily contracts becoming the normal way of working in a company, from now on proof will be needed that such cases are exceptions required for economic reasons.  It will be necessary to prove specifically that the volume of work is dependent on external factors, or that the volume of work fluctuates widely, or is linked to the nature of the job.

2. Strengthening of the information and consultation obligations
At the start of each semester the employer will have to provide the works council with detailed information about the number of successive daily contracts signed in the previous semester and the number of temporary agency workers concerned.
Proof of the need for flexibility will also have to be supplied.
Likewise, during the half-yearly info meetings, the employer will have to consult the works council or trade union representative about the use of successive daily contracts and the motivation for continuing to use them. Collective labour agreement 108/2 provides a model document for this purpose.
In the absence of a works council or trade union representative this information should be sent by the temporary employment agency to the social fund for temporary agency workers.

3. Evaluation of the use of successive daily contracts
In future the Belgian National Social Security Office (NSSO) data will have to be reported to the National Works Council (NWC) quarterly and in writing. This will enable the social partners to check whether the use of successive daily contracts is decreasing or not.

Jill Engelen

About Jill Engelen

In BOFIDI Jill is the central point of contact for payroll and juridical advice about social legislation. You can find more information on B-HRMS via B-hrms@bofidi.com.