In Wallonia, employment agencies must obtain a licence to be able to operate as a temporary employment agency.
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.
Agencies must complete the online licence application form as a temporary employment agency.
Temporary employment agencies that already have a licence in one of the other Regions of Belgium may complete a simplified procedure and obtain an exemption. This exemption request must also be submitted using the licence application form.
Licence application dossiers for temporary employment agencies are first analysed by the Administration. They are then sent to the Economic and Social Committee of the Walloon Region for comment. The relevant Minister will make the final decision on whether to grant or refuse a licence to operate as a temporary employment agency.
Temporary employment agencies are issued with a licence number that is initially valid for a period of two years. After this period, their licence may be renewed indefinitely.
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.
Exemptions to licensing:
Agencies that are already licensed in Flanders, Brussels or in the German-speaking Community for the provision of temporary employment activities may submit a simplified application (exemption) in order to provide their services in compliance with the law in Wallonia.
These agencies must, however, meet the obligations set out by the Decree of 3 April 2009 on the registration or licensing of employment agencies, including the submission of an annual activity report.
These agencies are, however, free to submit a licence application in accordance with the traditional procedure. If they do so, they avoid a situation in which the withdrawal of their licence in another region automatically leads to the loss of their exemption in Wallonia.
To follow the full licensing procedure, agencies must tick the box on the form stating that they wish to submit a licensing application.