Obtain a licence to operate as a temporary employment agency

Temporary employment agencies.

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 in all contractual documents sent to workers or employers
•    to include the licence number in 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

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.

Contact the social fund for temporary workers in Belgium: Avenue du port 86c/300, 1000 Bruxelles, Tél. 02 203 60 95, info@sfu-fsi.be -  www.fondsinterim.be

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.

Contact the social fund for temporary workers in Belgium: Avenue du port 86c/300, 1000 Bruxelles, Tél. 02 203 60 95, info@sfu-fsi.be -  www.fondsinterim.be.

The agency that does not respect its obligations is subject to sanctions.

How to obtain a licence as a temporary employment agency

Agencies must complete the application form for temporary work agencies.

Submitting the application

The licence application must be submitted online via Mon Espace. To do so, click on the “Application for a license or renewal of a licence for temporary employment agencies” form below and authenticate using one of the proposed methods.

Forms are available in French and in English. 

There are several authentication methods available to log in to My Account, verify your identity reliably and ensure the protection of your personal data when submitting or tracking an online application. You can use your electronic identity card (eID), the itsme, smartID or MyGov apps, a token or any other method recognised by the federal CSAM identification system. European citizens can use an electronic identification method recognised in their country of origin via the eIDAS system.

Required supporting documents

In addition to the form, several documents must be attached to the licence application:

• the company’s articles of association (or the draft deed if the agency is being set up)
• the latest accounts and balance sheets (or a 3‑year financial plan if the agency is being set up)
• the agency’s organisational chart
• the financial guarantee certificate or certificate of equivalence issued by the Social Fund for Temporary Workers in Belgium (see below)

Certificate from the Social Fund

To obtain this certificate, Belgian agencies must provide a financial guarantee of €75,000 to the Social Fund.

For foreign agencies, it is possible to request a certificate of equivalence for the financial guarantee established in the agency’s country of origin. The Social Fund will then attest that the guarantee is also valid for Belgium. If no equivalence can be certified, the agency must constitute a financial guarantee of €75,000.

For any questions regarding the certificate, you can contact the Social Fund for Temporary Workers in Belgium:
Avenue du Port 86c/300, 1000 Brussels
Tel. +32 2 203 60 95
info@sfu-fsi.be
www.fondsinterim.be

Access to the Professional Space

Individuals wishing to access their company’s Professional Space on Mon Espace must have a Belgian identity card or a card compatible with an electronic authentication recognised at European level.

The Primary Access Manager (GAP) may complete the form himself or designate another person by following the prescribed procedure.

Documentation is available in the Help Centre of Mon Espace.

If the GAP does not have a compatible card

If the GAP does not possess a card compatible with EU‑recognised authentication, the agency must contact the administration clerks listed in the Contact section below.

Simplified procedure for agencies already licensed in another Region

A temporary employment agency already licensed in another Region of Belgium may benefit from a simplified procedure and obtain an exemption from licensing.

The request for exemption is made using the same licence application form.

Processing the application

Licence applications undergo an initial completeness check by the Administration. Complete files are then forwarded to the Consultation and Dialogue Committee for employment issues for an opinion.

The final decision to grant or refuse the licence is made by the competent Minister of Employment.

If approved, the temporary employment agency receives an licence number valid for two years.

At the end of this period, licence may be renewed for an unlimited duration. To do so, the agency must submit a renewal application a few months before the expiry date, following the same procedure described above.

In the case of applications for authorisation and renewal of authorisation, the Wallonia Public Service has 80 days to issue its response, starting from the date on which the application is complete. Once this period has elapsed, the response will be deemed to be favourable. 

Several documents must be attached to the licence application or licence renewal application :

• the company’s articles of association (or the draft deed if the agency is being set up)
• the latest accounts and balance sheets (or a 3‑year financial plan if the agency is being set up)
• the agency’s organisational chart
• the financial guarantee certificate or certificate of equivalence issued by the Social Fund for Temporary Workers in Belgium (see below)

• Decree of 3 April 2009 on the registration or licensing of employment agencies
• Order of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on the registration or licensing of employment agencies

Depending on the circumstances, an appeal may be lodged with the Council of State, the Ombudsman or the court. The available avenues of appeal are set out in the decision. Click here to view them.