You probably already heard or read it, there is a tightening in the legislation towards consecutive contracts.

Before rushing to communicate, AbsoluteYOU decided from management to first study the legislation letter by letter and come out with a clear and understandable message from there.

We already hear you ask, I work with flexi, job students or extras, does this have an impact on my company?

A new legislation always has an impact, but we make sure that you remain carefree and flexible. 

Specifically, when a student, a worker or an employee, works more than one day consecutively, the contract request must be made in one go and no longer day by day.

You read it right! 
Flexi, casual employees (extras) and retirees are completely exempt from these new regulations.

How this works practically, you'll read below.

Case examples:

Example 1:
"Tom" is a job student and is required to come to work Friday and Saturday nights. 
"Restaurant X" sends a contract request on Friday for Tom. 
"Restaurant X" sends a contract request on Saturday for Tom.

The above example causes Tom to have two individual contracts for two consecutive days.

The government has decided that these contract requests should be bundled. In other words, "Restaurant X" must send a contract request on Friday, for both Friday and Saturday.

Failure to do so will result in an increased solidarity fee. 
But, and here's the thing; if this only occurs 39 times per 6 months for Tom, then there is still no increased NSSO contribution.

Example 2: 
"Tom" is a job student and needs to come to work Friday and Sunday nights. 
"Restaurant X" sends a contract request on Friday for Tom. 
"Restaurant X" sends a contract request on Sunday for Tom.

Here there is no problem because there are no more than one consecutive day contracts.

Example 3: 
"Tom" is a job student and is required to work on Monday, Tuesday, Wednesday, Thursday and Friday. 
"Restaurant X" forwards a contract request on Monday; for Monday and Tuesday for Tom". 
"Restaurant X" forwards a contract request on Wednesday; for Wednesday for Tom". 
"Restaurant X" forwards a contract request on Thursday; for Thursday and Friday for Tom".

In the above example, again, there is no problem because there is nowhere more than one consecutive day contracts since Monday and Tuesday + Thursday and Friday are bundled.
Only on Wednesday is there a day contract.

What about businesses that are multisite and/or weather dependent such as caterers, security, cleaning, summer bars? 
If one can prove the need for flexibility, one will still be able to use successive daily contracts without limitation in the future.
How and where to argue this is not yet known, as soon as we have this information, it will be communicated.

• The volume of work depends on external factors 
• The volume of work at the user fluctuates greatly 
• The volume of work is linked to the nature of the task to be performed 

Work Belgium says the following: 
"Successive day contracts for temporary employment with the same user are permitted only to the extent that the user can prove the need for flexibility for the use of such contracts. 
Specifically, this means that the user must be able to demonstrate that the volume of work in his enterprise depends largely on external factors, fluctuates greatly (e.g., hospitality industry on the coast), or still, that the nature of the work to be performed justifies the use of successive day contracts for temporary employment."
Companies convinced that they have a legitimate reason for using consecutive day contracts may dispute the payment of the contribution. In that case, they should submit a demand for reimbursement to the Good Services Commission. In that case, the nature and impact of the special circumstances must be proven and provable. 

What is the consequence?
If more than 39 consecutive daily contracts occur per semester. 
If one goes over this, an administrative sanction follows from the government: 

• From 0 to 39: 0 euros 
• At least 40 to 59: 10 euros x the number of consecutive daily contracts (incl 0-39 min. 400 euros, max. 590 euros)
• At least 60 to 79: 15 euros x the number of consecutive daily contracts (incl 0-59 min. 900 euros, max. 1185 euros)
• At least 80 to 99: 30 euros x the number of consecutive daily contracts (incl 0-79 min 2400 euros, max 2970 euros)
• At least 100: 40 euros x the number of consecutive daily contracts (incl 0-99 minus 4000 euros)

An example: A temporary employee has 64 consecutive daily contracts in 1 semester. The amount of the responsibility contribution in this example is 64 x 15 = 960 euros.

In conclusion:
When the limit of 39 days per employee, per semester is reached, AbsoluteYOU will notify the client.

At AbsoluteYOU, we strive to always come up with a flexible solution so that customer can do business carefree.