Recruitment Terms and Conditions
1. All missions accepted by Kartexa (hereinafter, “The Company”) shall be governed by the present General Terms and Conditions. Unless The Company expressly accepts the Client’s conditions in writing, the present terms and conditions supersede all other terms and conditions in the event of a conflict.
2. Client shall pay The Company’s fees under the payment terms mentioned in the specific conditions. All fees are calculated according to the rate in effect at The Company, plus VAT or equivalent taxes.
3. If the Candidate introduced by The Company is not hired by the Client or if he rejects the employment (or collaboration) offered by the Client, and if the Candidate is subsequently employed by (or collaborates with) the Client within a period of 18 months following the date of the first introduction of the résumé of the Candidate to the Client, then the Client shall pay fees to The Company as stipulated in paragraph 2 above.
4. If the Client introduces a Candidate selected for him by The Company to an other person or company, and if the Candidate is hired by (or collaborates with) said person or said company within a period of 18 months following the date of the first introduction of the résumé of the Candidate to the Client, then the Client shall pay the fees to The Company as stipulated in paragraph 2 above.
5. If, for a given mission, the Client decides to recruit (or to collaborate with) more than one of the Candidates introduced by The Company, instead of just the one contractually agreed upon, then the Client shall pay The Company fees for each of the Candidates thus hired as stipulated in paragraph 2 above.
6. The Client shall inform The Company of the hiring of any Candidate(s) in accordance with the present terms and conditions within 30 days and, specifically, of the terms and conditions of the employment contract agreed to by the Candidate(s) hired.
7. The Company places an advertising service at the Client’s disposal and whose expenses shall be for the Client’s account. Cancellation of an advertisement will be effective if The Company receives written notice from the Client before the closing date indicated on the Passed for Press slip. The Client shall pay advertising expenses within 30 days from invoice date.
8. The Candidate’s transportation and other expenses incurred while going to an interview with the Client are for the Client’s account.
9. If the Client or the initial Candidate cancels the employment contract during the warranty period starting upon the signing of the working agreement, The
Company will use its best efforts to find a replacement without any additional expenses for the Client (except for advertising expenses
mutually agreed upon by the Company and the Client beforehand), under the express conditions that:
a) all sums due by the Client have been paid in accordance with the present general terms and conditions,
b) the Client has notified The Company in writing within seven days of termination that employment has been terminated,
c) the Client or one of its subsidiaries or an other company of the group has not hired the Candidate within a period of 12 months following the end of the contract.
d) the end of the contract is not a result of an economic lay-off or from a modification of the position (or of the function) exercised by the
Candidate or from a restructuring by the Client.
e) the position is identical.
f) moreover, if the Candidate’s salary is higher than the former one, The Company will invoice the difference to the Client.
10. The Client shall be responsible for all medical examinations and for all steps necessary in obtaining work permits or authorisations for the Candidate. Furthermore, the Client shall ensure that he is in perfect accordance with all employment legislation in effect.
11. The Company shall use its best efforts to ensure the aptitude of the Candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee expressively or implicitly the aptitude of the Candidates introduced to the Client
12. The Company is not liable to the Client for any damage, loss, expenses, disputes or spending suffered or incurred by the Client in
connection with the recruiting or hiring of Candidates by the Client.
13. The Company shall use its best efforts to honour the agreement but refrains from a commitment to deliver the anticipated result.
14. All invoices that remain unpaid after the payment term, will be subjected to a compensation of 10% with a minimum amount of € 50 based on an annual interest of 10%.
15. Competence clause: any dispute arising in connection with the validity, interpretation, performance or termination of this contract shall fall exclusively within the competence of the Tribunal of Commerce of Brussels (in Belgium).
16. The Client will:
(a)comply, and procure that its employees comply with all applicable laws, rules and regulations relating to anti-bribery and corruption and commits that neither it nor any of them has or will offer, promise, give or agree to give any person, or accept or agree to accept from any person, whether for itself or on behalf of another, any gift, payment, consideration, facilitation payment, financial or non-financial advantage or benefit of any kind which is illegal or corrupt under the laws of any country (together a “bribe”), directly or indirectly in connection with this Agreement or any other agreement existing now or in the future with MP; and
(b) promptly report to PP any request, demand or offer for any bribe in connection with the performance of this Agreement; (the “Anti-Corruption Obligation”).
17. The Client shall immediately disclose in writing to the Company Secretary of PageGroup plc details of any breach of the Anti-Corruption Obligation. This is an ongoing obligation.
In case of temporary recruitment
1. These general terms and conditions have been drawn up in accordance with the applicable legislation, i.e. the Act of 24 July 1987 concerning temporary work, temporary employment and employees on loan to other employers; the CBA (Collective Bargaining Agreement), concluded in the PC 322 on temporary work, as well as the Act of July 14, 1991 on trade practices.
2. Temporary employees are provided under the special conditions agreed upon during the request process and under the general terms and conditions stipulated below, which are an integral part of the agreement signed by the Client and Kartexa (hereafter called “the company”) and which have been drawn up in accordance with the Act of 24 July 1987. These general terms and conditions may not contain any deletions whatsoever and shall prevail over any other conditions. A deviation from the general terms and conditions is possible only if agreed in writing.
3. These general terms and conditions -in particular the article 20- also apply as soon as the Client entrusts a request to the company and as soon as the company introduces some candidates to the Client.
4. In Accordance with the CBA 38 quarter of July 14, 1999, the company may not treat candidates in a discriminatory manner; consequently the Client may include only function-relevant criteria in its application.
5. From the beginning and during the term of the contract the Client commits himself to provide the company with all the necessary information and advise any changes immediately, preferably in writing. The Client is the only one responsible for the consequences that could result of a lack of communication or of a late, insufficient or erroneous communication of this information. Any correction and/or related cost give rise to additional costs in charge of the Client.
6. The client is responsible for the correct application of the objectives and time limits for temporary employment; within the framework of these objectives the client is responsible, in the cases provided for by the law, for the necessary permits and information in connection with the hiring of temporary employees.
7. The company is under no circumstances responsible for the consequences of any absence and/or tardiness on the part of its temporary employee(s).
8. The Client may not use the services of the company in case of lay-offs, strikes or lock-outs at its company. If a situation of temporary unemployment occurs, the Client must immediately inform the company in writing. The mandatory withdrawal of the temporary employees in such cases does not entitle the Client to any damages to be paid by the company.
9. During the term of employment of the temporary employee at the Client, in accordance with Article 19 of the Act of 24 July 1987, the Client is responsible for applying the provisions of the law concerning work regulations and work protection that are applicable at the place of employment. By virtue of this principle, the Client must treat the temps the same way as its permanent staff, in particular regarding the working hours, the reduction of working hours, compensations, breaks, public holidays,
Sunday work, night work, the welfare of the temp at the workplace, etc.
10. The civil liability provided for in Article 1384 paragraph 3 of the Belgian Civil Code rests with the Client. The latter is therefore solely liable for all damage caused by the temporary employee to third parties. The inclusion of a temporary employment clause in the civil liability insurance of the Client is recommended. The company is also not liable for damage caused by the temporary employee to the Client during and as a result of his/her employment at the Client. The company is not liable for any direct damage or for loss of profit, unrealized savings, emergency or replacement costs or any indirect or consequential losses. Nor is the company liable in case of damage, loss, theft or disappearance of material, money or goods entrusted to the temporary employee. The liability of the company may never be invoked with regard to the selection if the Client itself selected the temporary employee. Nor is the company liable for loans or payment in advance, in kind or in cash, which the Client might grant to the temporary employee. Furthermore, any reimbursement claims for costs resulting from e.g. the use of the telephone for private purposes, meals taken in the company restaurant, permitted purchases of company products etc. must take place without the intervention of the company.
11. Pursuant to Article 10 of the Act of 24 July 1987, the temporary employees are entitled to the same gross salary, including indexations and customary increases, bonuses, meal vouchers, advantages in kind and other salary components as if they had been hired permanently by the client. Due to Article 5 of these general terms and conditions the client must report the salary data to the company. The client is solely responsible for all consequences that result from not providing such information or for providing late, insufficient or wrong information. Any corrections to be made and/or costs incurred as a result will entail additional charges to the client.
12. The temporary employee enjoys the same level of protection as the other employees of the company regarding work safety and hygiene. The temporary employee may perform only those activities mentioned on the job sheet or, if no job sheet is required as mentioned in the particular commercial terms and conditions, more specifically in the job description, the required professional qualifications and the result of the risk evaluation. According to the Royal Decree of February 19, 1997, the Client is asked, in certain foreseen cases, to fill in the slip relative to the function and to send it to the company, before the temp is put at the Client’s disposal. At the time of the writing of the slip relative to the function, the Client must collect the opinion of the prevention and industrial medicine service. The Client is (according to article 5, 4° of the Royal Decree of February 19, 1997) the only one responsible for the setting of work clothes and equipments of individual protection at the temp’s disposal, as well as for the washing, repair and care in normal use state of these clothes and equipments, even if a dispensatory commercial contract about their supply has been concluded with the company.
13. In case of an industrial injury occurs to a temporary employee, the Client, after having taken all emergency measures, will immediately inform the company and will provide it with all the necessary information for the establishment of an accident statement. In case of lateness or lack of respect of this obligation, the Client may be held directly liable.
14. The Client is solely responsible for returning the signed customer contract and for (ensuring) the return of the completed and signed performance reports. In case of non-compliance, the client may not invoke the lack of signatures to the detriment of the company, and the company will charge the Client with the services really accomplished by the temp, the minimum being the services agreed in the contract.
15. By signing the timesheet, the Client confirms the correctness of the work performed as indicated and the implementation of the activities carried out by the temporary employee. The timesheet must be signed immediately after the work described on the timesheet has been performed, ensuring thereby that the client will in no any way impede the speedy and correct payment of the salary by the company. The client may not dispute the validity of the signature of its employees or representatives.
16. The invoicing is done:
– On the basis of the services mentioned on the timesheet, the minimum being the number of hours asked by the Client, except when less hours have been executed by the temporary employee and when the obligation of information foreseen in the article 5 of these general terms and conditions has been respected; for lack of these timesheet filled and signed by the Client, the invoicing is executed on the basis of the services really accomplished by the temporary employee, with as a minimum the hours asked by the Client; in that context, all non worked days paid by the employer to the temporary worker will be reinvoiced to the user by the coefficient equal to the coefficient used for the number of hours worked;
– On the basis of the coefficient and/or agreed tariff: this coefficient and/or tariff will be increased one-sided by the temp work company in case of rise of direct or indirect employer charges, or of any other factor which has an influence on real income cost, this tariff will also be increased one-sided by the company in case of rise of basis income’s temp, resulting from an indexation of incomes or from conventional increases applying to the Client.
– On the basis of other written agreements; all increased by the applying VAT rate. Regarding particular services (such as additional hours, station work, night-work, Sunday work or legal holiday, etc…), the temp will be paid according to the law and/or to the CBA concerning this matter and applying in the Client company. The supplement salary that is for paying in this frame is invoiced to the Client with the same coefficient than the one applied on the basis salary of the temp or than the one used for the tariff calculation.
17. Any complaint concerning invoices must reach the company within the eight calendar days after the date of invoice, by motivated registered post. Any complaint after that period is inadmissible.
18. The invoices established by the company are payable net, without discount and upon receipt. If payment is not effected upon receipt of the invoice, the invoiced sum is entitled productive, without prior formal notice, of interest at the principal rate applied by the European Central Bank (ECB), increased by 7 points of percentage, as specified in the Law of Augustus 2, 2002. Besides, a compensation will be lawfully due for payment, as damages, on an inclusive basis agreed, which sum will be of 10 % of the due sums with a minimum of 125.00 Euros and a maximum of 12,500.00 Euros, if the invoice remains unpaid, more than 30 days after the due date. The invoices form neither dispensation, nor novation. The temporary employee is not authorized to collect the invoices. In case of deferred payment, protested invoice, bad cheque, bankruptcy, composition or any other event being a risk for the recovery of its debt, the company keeps its right to cancel one-sided the present contract and to require the immediate payment of the totality of unsettled invoices (even those no matured) within 24 hours following the receipt of the registered post, the Client being in the impossibility of invoking any compensation.
19. In case the Client fails to comply with its legal obligations or the general terms and conditions, as well as in case of non- payment, the company is allowed, without being held liable for the payment of any damages, to consider current contracts as terminated and to immediately recall its temporary employee(s).
20. In case of premature hiring of the temporary employee by the Client: If the Client concludes without intervention of the company, a work contract with the temporary employee, for the same function or for another function, before the temporary employee has been made available through Kartexa with the Client 988 hours (based on 130 working days and on a working sheme of 38 hours per week, to be adjusted to the official working hours of the company), the Client will have to pay to the company, as compensation for the suffered damage, a sum equivalent to 30 % of the gross annual package of the temporary employee. This compensation is fixed on an inclusive basis, on the basis of an agreement between the Client and the company on the fact that it corresponds to the damage the company suffered from, considering notably costs that the Client will have laid out for the canvassing, the selection and the screening of a worker of the same qualification and considering the lack of earning for the company, and that without damage of its right to prove that the suffered damage exceeds the aforementioned compensation. The Client will also be indebted of this compensation if the temporary employee signs a work contract with the Client after the end of making available, if the temporary employee has not been made available the full 988 hours through Kartexa with the Client (based on 130 working days and on a working sheme of 38 hours per week, to be adjusted to the official working hours of the company.
The Client commits himself to inform the company, first and in writing, of his intention to conclude a work contract with the temp. By conclusion of a work contract with the temp, we mean:
– The conclusion by the Client of a work contract with the temp;
– The making available by a third (e.g. another temporary company) of the concerned temp at the Client;
– The conclusion of a company contract with the temp or with a third hiring the temp for that purpose;
– The conclusion of a work contract between the temp and a third, while the Client and said third belong to the same group, are in
a link between a subsidiary company to a parent company or are linked or associated companies, according to the terms of Title II, Chapter II of Companies’ Code.
By temp, we mean:
– the temp selected by the company and made available to the Client under a temporary work contract;
– the candidate-temp presented to the Client by the company;
By annual gross salary of temp, we mean:
– If the temp has already worked: the last hourly salary in force X the mean number of hours per week in the sector of the Client X
4.33 X 13.92;
– If the candidate-temp has not already worked: the salary in force in the Client company for the concerned function (with as minimum the scales of the PC of the Client) X the mean number of hours per week in the sector of the Client X 4.33 X 13.92.
21. In case this agreement relates to the hiring of a temporary employee by a Client coming under PC 144 and 145, when this hiring occurs in the frame of a disposal to employment with the use of fixed social contribution (RD of 22/12/2004), then the rest is also in force:
The Client makes a commitment to temps that are made available by The Company in the frame of accompany measures to a job to register them in the register of those present. The Client certifies that temps that are made available by The Company in the frame of employment measures, have not worked for the Client during the current quarter and during the two previous quarters, directly or via another interim office, on another function than those of employment measures. In case of inaccuracy of the information supplied by the Client, or if the temp is not taken up in the register of those present, the Client will owe to the interim office all sums which should be paid by this one to ONSS as a result of a wrong use of ONSS restraints in the frame of the making available of temp in the employment conditions subjected to the PC 144 and/or 145.
22. If this agreement relates to the hiring of temp in the companies coming under PC 302, when this hiring occurs in the frame of a disposal to employment with the use of fixed social contributions (RD of May 27, 2003), then the rest is also in force : The Client declares that the day(s) for which he appeals to services of the Company for the making available of one or more temps, are days corresponding to exceptional activity for which he can appeal to additional staff without going past the allowed 45 days. In case of inaccuracy of the information supplied by the Client concerning days of exceptional activity, or if he goes past the 45 days, the Client will owe to the interim office all sums which should be paid by this one to ONSS as a result of a wrong use of ONSS restraints in the frame of the making available of temp in the employment conditions of HORECA sector.
23. In case of one-sided breach of contract, without premature commitment of the temp by the Client: On the basis of articles 1226 and following of the Civil Code, the Client who one-sided and prematurely breaks the contract will have to pay to the company a fixed compensation which is equal to the sum of invoices that the company would have established if the contract had been completely executed, with a minimum of 125.00 Euros per calendar day. This is worth in case of the worthlessness of the contract between the company and the Client, when this one does not respect the obligations which lie with him by virtue of the law or when this one communicates erroneous information at the moment of the conclusion of the aforementioned contract. However, the company reserves the right to require a higher compensation, subject to can bring the proof of the extent of the damage.
24. The customer declares that if the temp executes additional hours, these ones are executed in the frame of an extraordinary extra work or in the frame of works ordered by unexpected necessity.
25. In case of litigation, the tribunals of Brussels are competent. The choice of the tribunal belongs to the company.
26. As of November 2007, the social partners of the joint committees 200, 216, 226 and 304 reached a labour agreement in which they agreed that, as of this date, interim employees have the right to compensation towards the accumulation of an additional pension scheme. The interim employee will hence submit a percentage of the agreed salary according to specifications of the Labour Agreement. This percentage will be invoiced based on the coefficient of the commercial contract between Kartexa and the Client.