Employee rights and obligations
RIGHTS AND OBLIGATIONS OF THE EMPLOYEE AND OF THE AGENCY - FLANDERS
1. Under no circumstances may the agency seek or receive any compensation from the employee.
2. The agency must treat all concerned in an objective, respectful and non-discriminatory manner and may not prepare or publish job advertisements that may give rise to discrimination.
3. The agency must respect the personal privacy of employees and may only request and use data belonging to personal privacy with the consent and in the interest of the employee in the context of his professional engagement and in compliance with the regulations governing the processing of personal data and the free movement of such data.
4. The agency must grant access to the client and the employees regarding the data stored about them and, at their request, must provide them with a copy of their file after the termination of the assignment.
5. The agency may request and use information about the commissioning employer and employees only in the context of mediation activities.
6. The agency must provide the commissioning employer and employees with accurate, timely and complete information about the placement activities and the nature of the employment.
7. Personality studies and psychological tests can only be done by or under the responsibility of a psychologist.
8. The staffing agency may not engage in placement activities for vacancies that do not involve a real job offer.
9. The agency may not engage in activities that result in employment that is contrary to public policy or that the agency can clearly identify as violating social or fiscal laws.
10. The temporary employment agency may not conduct mediation activities insofar as they are related to a strike, lockout or suspension of a labor contract, due to bad weather or lack of work due to economic causes.
11. The agency may mediate for workers of foreign nationality if the regulations on the employment of foreign workers are observed.
12. The agency may not take the place of the commissioning employer in the hiring or firing decision or in the negotiation thereof.
13. The staffing agency may not conduct staffing activities through an exclusivity clause.
14.1.Intermediary agencies for performing artists and paid sportspersons may receive fees, commissions, contributions, admission or registration fees, hereinafter referred to as commissions, only if the following conditions are met: 1° the commission is fixed in advance in a written agreement between the agency and the client. If the private employment service is offered together with other services, the commission for the various services shall be established separately; 2° the employee expressly agrees in advance to the commission; 3° the parties each have an original copy of this agreement.
14.2.The commission fee for the mediation of the spectacle artist shall be calculated on the remuneration that the spectacle artist will receive for his performance. The commission for the mediation of the paid sport performer shall be calculated on the anticipated total gross annual income of the paid sport performer for the total duration of the contract.
15. Each employment agency must have accreditation.
16. The temporary employment agency must mention its approval number in its external communications, that is : in its contracts, offers, invoices, correspondence, email traffic, staff advertisements published through written or visual media and on its websites.
17. The agency must hand this text to any person seeking private employment services or must post this text in extenso in the agency's premises accessible to the public, in the place where it can best be read.
18. Agencies whose business is to publicize job offers through the written, aural or visual media (TV, newspapers, Internet, radio, etc.) must make this text known in extenso through the medium in question or explicitly state the location (e.g. Internet address) where this text is made available. This text must be made available free of charge by the agency upon simple request.
19. The agency must subscribe to and comply with the Code of Conduct. The Code of Conduct is an integral part of this text.
20. Complaints for alleged violations of employment laws may be filed with :
Department of Work and Social Economy
Migration and Employment Service.
Ellipse building Koning Albert II-laan 35, bus 21
1030 Brussels
telephone : 02-553 44 73 - fax :02-553 44 22
email : arbeidsbemiddeling@vlaanderen.be
To be admissible, the complaint must be reasoned and clearly describe the alleged violation. The anonymity of the complainant will be guaranteed.
RIGHTS AND DUTIES OF WORKERS AND JOB SEEKERS - BRUSSELS
When conducting employment activities, the employment operator must respect the following rights of employees and job seekers:
- Not offer job seekers or employees jobs that are non-existent or contrary to public order and morality in the entire course of the service provided.
- Respect the provisions of the ordinance of September 4, 2008 on the fight against discrimination and equal treatment in employment.
- Do not deny workers or job seekers the right to trade union freedom and social consultation.
- Comply with the provisions of the law of December 8, 1992 on the protection of privacy in relation to the processing of personal data and its implementing decrees.
- Not obtain medical information from the employee or job seeker that is not consistent with a requirement associated with the position in the job offer, nor perform or arrange for genetic testing.
- Impose directly or indirectly, in full or in part, financial contributions on employees or job seekers, except for the recruitment and selection of artists or paid professional athletes.
- Not to intervene in place of the employer in the decision to hire an employee or job seeker, during pre-hiring negotiations or in the employer's personnel management.
- Respect applicable labor and social security laws and collective bargaining agreements in force.
- Not subject the employee or job seeker, in the context of employment placement, to an exclusivity clause or to any other condition that would directly or indirectly amount to one.
- Not subjecting the employee or job seeker, as part of the services provided, to make purchases or expenditures in any trade or business.
- Provide accurate, complete and timely information to the employee or job seeker regarding the employment activities and the nature of the employment relationship.
- If the services of temporary employment are not the only form of employment services offered by the employment operator, make it clear to both the employee, the job seeker and the clients which
activity - temporary employment or some other form of job placement - is offered.
- If he is an employment agency, comply with the language laws in labor relations with respect to job seekers.
- Upon his request, provide the employee or job seeker with access to his or about him stored data and provide a copy or summary of his file after termination of the mediation assignment.
- At his request, provide the employee or job seeker who uses his services with a certificate stating the date and time of notification.
- Notify the employee or job seeker in writing of the decision made about him within a reasonable time. In case of rejection of the candidate, the employment operator will expressly state the reasons. At his request, the employee or job seeker is entitled to be informed of the results of all tests and trials taken.
- When using personality and psychological tests, have them performed or administered by or under the authority or responsibility of a licensed psychologist.
Employment operators who fail to comply with the aforementioned obligations may be fined and punished.
The agency's accreditation may be suspended or revoked.
The registered declaration of the other private employment agencies may be cancelled. The employment operator AbsoluteYOU bv undertakes to comply with these obligations.
Name of legal representative and position:
Jens Sys, Director Done at Roeselare on 15.4.2020
Signature
Where can employees or job seekers who believe they are victims of a violation go?
COMPLAINT:
The following service is responsible for monitoring and enforcing the ordinance of July 14, 2011 on the mixed management of the labor market in the Brussels Capital Region and its
executive orders.
Complaints can be filed there :
Brussels Economy and Employment
Directorate of Regional Employment Inspection.
Avenue du Jardin Botanique 20, 1035 Brussels
- in writing
- tel. : 02 800 35 00
- fax : 02 800 38 07
- email : gwi@sprb.irisnet.be
To be admissible, the complaint must be reasoned and clearly define the alleged violation.
An anonymous complaint will be declared inadmissible. Only named complaints will be processed. The anonymity of the complainant will be guaranteed.
HELP FOR VICTIMS OF DISCRIMINATION
To combat discrimination in recruitment, ACTIRIS has opened a counter that welcomes, supports and guides people who believe they are victims of discrimination. It is a
collaboration with the Center for Equal Opportunity and for Combating Racism.
Recruitment discrimination information desk
ACTIRIS Brussels Agency
Avenue de Antwerp 26, 1000 Brussels
infodiscriminatie@actiris.b
Monday, Tuesday, Wednesday and Friday from 8:30 a.m. to 12:15 p.m.: free admission.
Every afternoon except Thursday: by appointment (tel: 02 505 78 78).
RIGHTS AND OBLIGATIONS OF WORKERS AND JOB SEEKERS - BRUSSELS
Obligations of operators.
The ordinance of 14 July 2011 on the mixed management of the labour market in the Brussels-Capital Region aims to protect workers and job seekers.
In carrying out its employment activities, the employment operator is required to respect the following rights of workers and job seekers:
- Not to make offers of employment to workers or job seekers that do not correspond to any real demand or that are contrary to public order and morality.
- Respect the provisions of the order of 4 September 2008 on the fight against discrimination and equal treatment in employment.
- Not to deprive workers or job seekers of the right to freedom of association and social consultation.
- Respect the provisions of the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and its implementing decrees. Not to collect medical data
Do not collect medical data from the worker or job seeker that do not correspond to a requirement linked to the function covered by the job offer, nor carry out or have carried out genetic tests.
- Not to make any financial contribution to workers or job seekers, directly or indirectly, in whole or in part, with the exception of professional artists and sportsmen
paid in the case of recruitment and selection.
- Not to intervene, in place of the employer, in the decision to hire a worker or job seeker, nor in the negotiations prior to hiring, nor in the management of the employer's personnel.
- To respect labour and social security regulations and collective labour agreements in force.
- Not to make employment activities subject to a condition of exclusivity on the part of the worker or job seeker or any other condition that would necessarily lead to the same effect.
- Not to make employment activities subject to an obligation on the part of the worker or job seeker to make purchases or expenditures in any trade or business.
- Provide timely, correct and complete information to the worker or job seeker about the employment activities and the nature of the job.
- Where the temporary employment service presents only one placement service among other services provided by the same employment operator, there can be no doubt as to which service
- temporary employment service or other - is being offered, nor can there be any doubt as to the nature of the employment.
service offered, neither for the worker or job seeker, nor for the principal.
- In the case of a temporary employment agency, respect the provisions of the laws on the use of languages in labour relations.
- To allow the worker or job seeker to consult the stored data concerning him/her and to send him/her, at his/her request, a copy or summary of his/her file after the termination of the placement assignment.
- To provide, at the request of the worker or job seeker who uses its services, an attestation mentioning the date and time when the worker or job seeker presented himself/herself.
- Inform the worker or job seeker, in writing, of the decision taken in his or her regard, within a reasonable time. If the applicant is refused, the employment operator shall expressly state the reasons.
At his or her request, the worker or job seeker is informed of the results of the practical tests and trials.
- To have any personality and psychological tests carried out or performed by a qualified psychologist or under his authority or responsibility.
In case of non-compliance with the above-mentioned obligations, employment operators are liable to an (administrative) fine or a criminal penalty.
The approval of the temporary employment agency may be suspended or even withdrawn. The registered declaration of other private employment agencies can be cancelled.
The employment operator ABSOLUTEYOU BV undertakes to comply with these obligations.
Name of the legal representative and function :
Jens Sys, CEO in Roeselare on 15.4.2020
Signature,
Who can workers and jobseekers turn to if they feel they have been victimised?
FILE A COMPLAINT
The service listed below is responsible for the control and monitoring of the ordinance of 14 July 2011 on the mixed management of the labour market in the Brussels-Capital Region and its implementing decrees.
Complaints may be brought to the attention of :
Brussels Economy and Employment
Direction de l'Inspection régionale de l'Emploi
Boulevard du Jardin Botanique 20
1035 Brussels
- in writing
- by telephone: 02 800 35 00
- by fax: 02 800 38 07
- by e-mail: ire@sprb.irisnet.be
On pain of inadmissibility, the complaint must be substantiated and clearly indicate the possible infringement in question. An anonymous complaint will be declared inadmissible. Only named complaints will be processed.
The anonymity of the complainant is guaranteed.
GETTING HELP IN CASE OF DISCRIMINATION
In order to combat discrimination in employment, ACTIRIS has set up a service specialising in receiving, helping and supporting people who feel they have been discriminated against.
This is a collaboration with the Centre for Equal Opportunities and the Fight against Racism.
Information desk on discrimination in employment
ACTIRIS Brussels antenna
Boulevard d'Anvers, 26
1000 Brussels
infodiscrimination@actiris.be
Monday, Tuesday, Wednesday and Friday from 8.30 to 12.15: free access.
Monday, Tuesday, Wednesday and Friday afternoon: by appointment (tel. 02 505 78 78)