General terms and conditions of AbsoluteYou

1. These general terms and conditions have been drawn up in accordance with the Act of 24 July 1987 on temporary work, agency work and the supply of workers for users, including the applicable collective agreements of the NAR and of PC 322 temporary employment.

2. The supply of temporary employees shall take place under the conditions agreed upon in the application, the cooperation agreement and the user agreement and under the general terms and conditions defined below, which form an integral part of the cooperation agreement. Any deviation from these general terms and conditions must be agreed in advance in writing. These general terms and conditions of the temporary employment agency always take precedence over the general terms and conditions of the user.

3. In accordance with CLA 38c of 14 July 1999, the temporary employment agency may not treat applicants in a discriminatory manner. It is therefore only allowed to formulate job-relevant criteria in its application.

4. These general terms and conditions - and in particular article 5 - also apply as soon as the user entrusts an application to the temporary employment agency and the temporary employment agency presents candidates to the user.

5. The user undertakes to provide the temporary employment agency with all necessary information at the start and during the term of the user contract and, in addition, to communicate any changes immediately and in writing. Without being exhaustive, at least the following information must be communicated to the temporary employment agency: regarding the reason for recourse to temporary employment and the presence or absence of a trade union delegation; regarding the remuneration conditions of the permanent staff, including premiums and various benefits that apply to the user, as well as the allocation modalities; regarding the activities of the user and the joint committee to which the user belongs, the work post to which the temporary worker is assigned, the required professional qualification of the temporary worker, the result of the risk assessments of the temporary worker's work, any necessary medical supervision and personal protective equipment; regarding possible situations of strike or lock-out, whereby the user must inform the temporary employment agency in advance and within the legal deadlines; regarding a possible industrial accident; regarding the way in which a flexi-job employee must be reported to Dimona; regarding the late presence or absence of the temporary employees; regarding weather conditions; regarding the non-renewal of an assignment; regarding the applicable working time regulations at the user. working time regulations at the user. The user is solely liable for the consequences arising from the failure to provide this information (on time), insufficiently or incorrectly. All rectifications, late notifications and/or costs caused by this will be invoiced to the user at the agreed coefficient. The user shall also indemnify the temporary employment agency against any claims from third parties as a result of the failure to provide all the necessary information correctly (in good time).

6. The user shall bear sole responsibility for the correct application of motives and deadlines for temporary employment. Within the framework of these reasons, the user shall, in the cases provided for by law, provide the necessary authorisations and notifications in connection with the employment of temporary workers.

7. Under no circumstances shall the temporary employment agency be liable for the consequences of the absence and/or late attendance of its temporary employees. If a temporary employee is late in attendance or absent, the user shall immediately notify the temporary employment agency.

8. The user cannot use the services of the temporary employment agency in case of strike or lockout in his company. In such cases, the user must inform the temporary employment agency immediately and in writing. The user cannot claim compensation for the compulsory withdrawal of the temporary workers in these cases.

9. Throughout the duration of the temporary worker's employment with the user, the user, in accordance with Article 19 of the Law of 24 July 1987, is responsible for applying the provisions of the legislation on labour regulation and protection applicable at the place of employment. It follows that the user must treat temporary workers on the same footing as its permanent staff, including with regard to working time, reduction of working hours, compensation, breaks, public holidays, Sunday work, night work, welfare of the temporary worker at work, etc.

10. In accordance with Article 10 of the Act of 24 July 1987, temporary workers are entitled to the same gross pay, including indexation and conventional increases, premiums (including pension premiums), meal vouchers and other pay components as if they had been hired permanently by the user. On the basis of Article 6 of these general terms and conditions, the user must notify the temporary employment agency of these wage details and any changes to them. The user is solely liable for the consequences arising from failure to communicate this information (on time), incompleteness or error. Apart from this information obligation, the user must always bear the cost of any salary corrections during or after the end of the posting, which will be charged at the same coefficient as provided for in the cooperation agreement.

11. Temporary workers enjoy the same level of protection as permanent employees of the company in terms of occupational safety and hygiene. Pursuant to Article X.2-3 of the Codex on Welfare at Work, the user is obliged to provide the temporary employment agency with all information concerning the required professional qualification and the specific characteristics of the work post before posting the temporary worker. In the cases provided for, the user must complete the work post sheet and submit it to the temporary employment agency before the temporary worker is posted. The temporary worker may only carry out the work as stated on the work post sheet. The user must inform the temporary employment agency immediately of any changes to the work post sheet (including the range of tasks and location). In this case, a new workpost sheet must be provided and the temporary worker cannot perform the activities of the work post in question until the work post sheet has been delivered to the temporary employment agency and the temporary worker, and has also been reviewed with the temporary worker concerned. In accordance with Article X.2-10 of the Codex on Well-being at Work, the user bears the final responsibility for making work clothing and personal protective equipment available, as well as for cleaning, repairing and maintaining them in a normal state ready for use, even if a different commercial agreement on their supply has been concluded with the temporary employment agency. The user is generally responsible for compliance with all the legal obligations incumbent on him as provided for in the Codex on Well-being at Work.

12. The user bears the civil liability provided for in Article 6.14 (new) of the Civil Code. is therefore solely liable for all damage caused by the temporary worker to third parties. The provision of a ‘temporary employment clause’ in the user's civil liability insurance is recommended. is recommended. The temporary employment agency is not liable for any damage caused by the temporary employee causes during and as a result of his employment with the user. The temporary employment agency is also not liable in case of damage, loss, theft or disappearance of material, money or goods to entrusted to the temporary worker. Nor shall the temporary employment agency be liable for any loans or advances in kind or specia possibly granted by the user to the temporary worker. The collection of the costs resulting from the use of the telephone for personal purposes by the temporary employee, meals taken in the company restaurant, (un)permitted purchases, traffic fines, etc. shall always be made without the mediation of the temporary agency worker. without the mediation of the temporary employment agency. The temporary employment agency cannot be held liable for such costs. With regard to the selection, the liability of the employment agency can never be be invoked if the user itself carries out the selection of the candidate temporary workers.

Liability

AbsoluteYOU is the exclusive contractor for all services provided by its directors, employees or other auxiliary persons.
The recovery of damages caused by the non-performance of a contractual obligation, included in this contract, shall be exclusively governed by the rules of contract law, even when the event at the origin of the damage also constitutes a tort.
The recovery of damages caused by the non-performance of a contractual obligation by an auxiliary person, can, within legal limits, only constitute grounds for a liability claim against the principal debtor and not a ground for an non-contractual liability claim against the auxiliary person, even if the event giving rise to the damage also constitutes a tort.
In the relationship to the end client(s), the client shall in turn bear the extra-contractual liability of AbsoluteYOU and its auxiliary persons within the legal limits completely exclude by imposing on the end customer(s) the provision as described above.
If the client fails to (timely) comply with this obligation, the client shall indemnify AbsoluteYOU and/or its auxiliary persons for its extra-contractual liability towards the end customer(s). In that case, the client shall also be obliged to compensate AbsoluteYOU and/or its auxiliary persons for all losses, damages, (legal) costs and expenses arising therefrom or related thereto.
Except when the error affects the life or physical integrity of a person, AbsoluteYOU can only be held liable for its wilful, serious fault or for that of its appointees or, except in case of force majeure, for the non-performance of the essential commitments that are the subject of this contract. This exclusion applies to all damages, direct or indirect, arising out of or in connection with the performance of this contract.
AbsoluteYOU cannot be held liable for indirect damages, including, but not limited to, anticipated or lost profits, loss of income, loss of opportunity, and damage to the customer's image or reputation.
The total liability of AbsoluteYOU and all and each of its directors, employees and other auxiliary persons shall in any event be limited within the legal limits to the lesser of either (i) the total amount covered by the liability insurance of AbsoluteYOU, or (ii) the total invoice value of the goods and/or services provided by AbsoluteYOU under this contract delivered goods and/or services to which the liability relates.
14.9 Articles 14.1 - 14.8 of these general terms and conditions shall apply notwithstanding any otherwise contractual provisions and without prejudice to otherwise mandatory legal provisions.

15. Where a temporary worker is involved in an accident at work, the user shall, after taking all required taken urgent measures, immediately notify the employment agency and provide all necessary information necessary for the preparation of the accident statement, failing which the user will be held liable for all possible damages caused by its negligence. In addition in the event of a serious occupational accident in accordance with the Codex on well-being at work, the user's prevention service will at work will draw up an accident report, supplemented by the user's own action plan and that report to the employment agency within five days of the accident. After submission and any additions by the employment agency, the user shall forward this report within a maximum of 10 days after the accident to the inspector of the administration ‘supervision of legislation Welfare at Work’. In the event of a serious occupational accident as referred to in Article I.6-2 1° and 2° a) the User is responsible for immediately reporting the serious occupational accident to the supervising officer in charge of supervision.

16. The user is solely responsible for returning the signed user agreement and (supervising) the return of the completed and signed performance statements. Failing this, the user will not be able to invoke the non-signature to the detriment of the temporary employment agency and billing will be on the basis of the performance as provided for in the employment contract of the temporary agency worker concerned, unless it appears that the temporary agency worker provided provided additional services.

17. The signing of the performance statements constitutes an acknowledgement of the accuracy of the data that appearing on them and of the correct performance of the work by the temporary worker. The user shall not contest the validity of the signature of his appointees or agents. In the case of automatic performance processing, the user always agrees to the performance data as they are transmitted in an automated or electronic transmission to the temporary employment agency, unless previously agreed otherwise in writing. Only the user is liable in the event of errors in the automated transmission.

18. Invoicing shall be based on the performance as stated on the performance statements or as transmitted electronically by transmitted electronically by the user, with a minimum of the hours requested by the user, except when fewer hours were performed due to the sole hours, unless fewer hours were performed due to the sole fault of the temporary employee and employee and if the information obligation provided for in article 6 of these terms and conditions has been met. has been fulfilled.

In the absence of performance statements transmitted by the user (either in writing and signed, or electronically or automatically), invoicing shall be on the basis of the services as provided for in the employment contract of the temporary employee concerned. in the employment contract of the temporary employee concerned, unless it appears that additional services have been provided by the provided by the temporary worker.

All free hours and days granted and remunerated by the user to its permanent staff such as extralegal holidays, holidays, bridging days,... to which the temporary employee is also entitled, shall also be regarded as performance and invoiced as such to the user.

Any wage correction to which the temporary worker is entitled during or after his employment with the user to, regardless of the reason for the correction and regardless of any liability of either parties, shall be invoiced to the user at the agreed coefficient.

The agreed coefficient and/or rate, as well as any other cost items included in the Cooperation Agreement that determine the coefficient and/or rate, may be unilaterally increased by the Agency in the event of:

An increase in direct or indirect patronage charges;
any other possible objective factors that determine the actual wage cost and/or increase the increase the agency's operating costs;
additional charges imposed on the temporary employment agency by the government that were not foreseen at the time of entering into the agreement.

The rate is also unilaterally increased by the temporary employment agency in the event of an increase in the basic pay of the temporary worker pursuant to the indexations of wages and conventional wage increases applicable with the user.

Any statutory subsidies, reductions in charges, exemptions, concessions, premiums, etc. are always included in the agreed coefficient and therefore only accrue to the temporary employment agency. The user cannot claim payment of such allowances, as these are included in the agreed rate, regardless of the date of award or payment.

19. Agency invoices are payable cash on receipt, net, without discount unless otherwise agreed in writing. If payment is not made on receipt of the invoice the invoice amount shall by operation of law and without prior notice of default accrue interest of 12% per year. Furthermore, if the invoice is not paid by the due date, by operation of law and without prior notice of default, liquidated damages consisting of of 12% on the invoice amounts due, with a minimum of 85.00 euro and a maximum of 5,000.00 euro. Any payment method granted in writing shall lapse by operation of law and all invoices - including invoices not due - become immediately due and payable in the event of non-payment of a single invoice as well as in case of signs of dubious solvency of the user (e.g. NSSO summons, judicial reorganisation,...).

20. If the user fails to comply with its legal obligations or these general terms and conditions, as well as in case of non-payment, the temporary employment agency shall be entitled, without being held liable for any the payment of any compensation, to regard the current contracts as dissolved and to withdraw its temporary employees to withdraw immediately.

21. All invoice protests should be remitted to the employment agency by registered letter within 14 days of the invoice date. No account taken of complaints remitted outside this period or complaints that are not specifically substantiated.

22. The data provided by the client are included in the temporary employment agency's client file. The temporary employment agency will treat the personal data obtained with due care and confidentiality and will make the necessary efforts to protect and secure the personal data obtained. As soon as the temporary employment company provides services within the scope of its assignment, the personal data of the temporary employment agency may be used for the following purposes:

administrative purposes (creating and maintaining a customer database, sending invoices, checking solvency, etc.).
the provision of the services for which the employment agency was engaged.

The customer's personal data are necessary for the performance of the present agreement (if the customer is a natural person) or necessary for the representation of the customer's legitimate interests (if the customer is a legal entity).

The data provided by the customer may also be used for the purpose of:

direct marketing (including conducting information or promotional campaigns in connection with the services offered by the employment agency);
re-marketing (i.e. the transfer of the personal data to a third party for marketing purposes).

For these purposes, the customer's contact details can only be processed/transmitted with the express consent of the customer. A consent form will need to be signed by the customer. The customer has the right to withdraw consent at any time.

The temporary employment agency will never pass on the client's personal data to third parties, except with the client's express consent or if requested to do so by police and judicial authorities or if there is a legal obligation to do so.

The customer has the right to access, right to rectification, right to data erasure, right to restriction, right to object, right to data portability and right not to be subject to automated decision-making.

More information can be found at https://www.absoluteyou.be/en/privacy-policy

23. In case of dispute and/or non-payment, the courts of the district of West- Flanders, Kortrijk division. The agreement between the parties is governed by Belgian law.

By accessing and using the website, you expressly agree to the following terms and conditions.

This website and the Absolute YOU brand are the property of Absoluteyou bv.

Contact details:
Absoluteyou bv
Sportstraat 48
8400 Oostende

Address registered office:
Absoluteyou bv
Onledebeekstraat 15
8800 Roeselare

E-mail: payroll@absoluteyou.be

Company number: VAT BE0727.460.507

Supervisory authority: Federgon

By accessing and using the website, you expressly agree to the following terms and conditions.

Intellectual property rights:

The contents of this site, including brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual rights and belong to Absoluteyou bv or entitled third parties.

Limitation of Liability:

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and therefore cannot be considered as personal, professional or legal advice to the user. Absoluteyou bv makes great efforts so that the information made available is complete, correct, accurate and updated. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains inaccuracies or if certain information on or via the website is unavailable, Absoluteyou bv will make every effort to rectify this as soon as possible.

Absoluteyou bv cannot be held liable for direct or indirect damages resulting from the use of the information on this website. If you find any inaccuracies in the information provided on this website, please contact the website administrator. This can be done via the contact form. The content of the website (including links) may be adjusted, modified or completed at any time without notice. Absoluteyou bv does not guarantee the proper functioning of the website and cannot be held liable in any way for the malfunctioning or temporary (un)availability of the website or for any form of damage, direct or indirect, that may result from the access to or use of the website. Absoluteyou bv cannot under any circumstances be held liable to anyone, directly or indirectly, specifically or otherwise, for damages due to the use of this website or any other, especially as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

The website may contain hyperlinks to third-party websites or pages, or refer to them indirectly. The placing of links to these websites or pages in no way implies an implicit approval of their content. Absoluteyou bv expressly declares that it has no control over the content or other characteristics of these websites and cannot in any case be held liable for their content or characteristics or for any other form of damage resulting from their use.

Applicable law and competent courts:

Belgian law applies to this website. In case of a dispute, only the courts of the district of Bruges have jurisdiction.