Temporary employment agencies are employment agencies that offer temporary employment positions. They must obtain a licence in order to do so. Temporary work is authorised only for performing a temporary job. Temporary work is possible only under certain circumstances authorised by the law.
Temporary employment agencies may also offer job-seeking, recruitment and selection and outplacement services and also find positions for professional athletes and performance artists.
These licences are intended to provide guarantees of competence, solvency and legality in both tax and social matters to the workers and employers who use these bodies. Temporary employment agencies must meet the demands of the Social fund for temporary workers before they are granted a licence.
In Wallonia, employment agencies must obtain authorisation in order to be able to carry out activities as a temporary employment agency. This means giving workers and employers using these organisms guarantees of competence, solvency and fiscal and social legality. Prior to the granting of this authorisation, temporary employment agencies must meet the requirements of the Social Fund for temporary workers.
The obligations of licensed temporary employment agencies:
• to include the contact details of the Administration responsible for checking and monitoring the provisions of this decree in all contractual documents sent to workers or employers;
• to include the licence number in advertisements and all communication;
• to not accept or request any payment from workers, or require workers to pay fees of any kind as a condition for the provision of temporary employment services;
• at the request of the job-seekers using the services of the licensed temporary employment agency, to provide a declaration indicating the date and time of their visit to the temporary employment agency;
• to provide sufficient training for their employees and check that these employees comply with the current regulations;
• to not collaborate with unlicensed temporary employment agencies;
• to notify the Administration of the cessation of its operations;
• to submit an annual report that includes information on the licence conditions as well as data contributing to the transparency of the regional labour market (the form is available only in French).
Certificates to be provided:
For foreign companies:
A certificate from the social fund for temporary workers stipulating that the agency has fulfilled its obligations regarding the payment of a guarantee based on a similar guarantee system and regulated in the native country.
For Belgian companies:
A certificate from the social fund for temporary workers stating that the agency has fulfilled its obligations regarding the payment of the first installment of the financial guarantee.
The agency that does not respect its obligations is subject to sanctions.
The agency will have to complete the application form (available only in French) as a temporary work agency.
From mid-September, Belgian agencies will have to submit their application for authorisation as a temporary work agency online via a new electronic form available in the “Mon Espace” platform.
People wishing to access their company's Professional Space on “Mon Espace” must have a Belgian identity card and have previously received an invitation from the Principal Access Manager (GAP) appointed within the company. All the documentation relative to this procedure can be found in the "Help Center" on “Mon Espace”. Click here to learn how to use “Mon Espace”.
From mid-September, foreign agencies that do not have a Belgian company number will have to submit their application for authorisaton as a temporary work agency using a Word form (available only in French).
The temporary work agency which already has an authorization in one of the other regions of Belgium can benefit from a simplified procedure and obtain an exemption. This request for exemption is also made using the authorisation request form.
Applications for authorisation as a temporary work agency are subject to a prior analysis by the Administration. They are then transmitted to the Economic and Social Committee of the Walloon Region for opinion. It is the competent minister who will ultimately make the decision to grant or refuse approval as a temporary employment agency.
The temporary employment agency receives an agreement number initially for a period of two years. After this period, the agreement can be renewed for an indefinite period.
Employment agencies must submit an annual activity report containing:
• quantitative and qualitative data
• data outlined by the Consultation and Dialogue Committee for employment issues of the Economic and Social Council (CESRW)
The objective is to guarantee the visibility and transparency of the regional labour market.