Summary
In order to carry out temporary work placement in the German-speaking Community or to send a temporary worker to the German-speaking Community, the temporary work placement agency must be recognised beforehand.
Key points
Before the application for a licence can be processed, each temporary employment agency must deposit a commission (€74,368.06) with the Social Fund for the Temporary Employment Sector, which is organised by the social partners.
In detail
This measure concerns temporary employment agencies.
In order to obtain authorisation, which is granted by ministerial decree, the temporary employment agency must fulfil the following conditions:
- is established as a commercial company with the main or secondary purpose of providing temporary employment services and is registered in the central company database;
- is neither bankrupt nor manifestly insolvent, nor the subject of bankruptcy proceedings, nor has applied for or been granted a court settlement;
- there are no persons among its administrators, directors, officers or other persons authorised to represent the temporary employment agency:
(a) who are staff members or board members of public employment services;
(b) who have been prohibited by legislation - which prohibits certain convicts and bankrupts from exercising certain functions, professions or activities and gives the commercial courts the right to pronounce such prohibitions - from exercising such functions, professions or activities;
(c) which, during the five years preceding the application for authorisation, has become liable for the obligations or debts of a bankrupt company in application of Articles 229(5), 265, 315, 456(4) and 530 of the Companies Code;
d) who have been deprived of civil and/or political rights;
e) who, in the five years preceding the application for authorisation, have not fulfilled their obligations under the Decree of 11 May 2009 on the authorisation of temporary employment agencies and the supervision of private employment agencies or the Decree of the Walloon Regional Council of 27 June 1991 on the authorisation of temporary employment agencies or the legal provisions listed in Article 1 of the Decree of 5 February 1998 on supervision and control with regard to compliance with legislation in the field of employment policy or also under the corresponding implementing decrees;
(f) have failed to comply with their fiscal or social obligations during the five years preceding the application for authorisation; however, a repayment schedule that is complied with shall not be considered a breach of fiscal and social obligations.
The temporary employment agency submits the complete application for admission to the Ministry of the German-speaking Community.
The Ministry of the German-speaking Community shall confirm receipt of the application for admission by letter within fourteen days. If the application is not complete, the Ministry will inform the applicant of this in the same letter.
The temporary employment agency will send the Ministry of the German-speaking Community the missing documents, evidence and information within fourteen days.
The decision of the Minister of Employment is communicated to the temporary employment agency by registered letter. The decision indicates the duration for which the authorisation is granted.