Summary
Temporary employment agencies 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.
The licence provides workers and employers who use these agencies with guarantees of competence, solvency and fiscal and social legality.
Key points
Forms (apply for licensing and activity report) are only available in French.
In detail
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
• 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.
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.
The agency must complete the application form to obtain a licence as a temporary employment agency.
- Agencies must submit their registration request online via Mon Espace by authentificating themselves using one of the proposed methods. To do so, you must have a Belgian identity card or one compatible with an electronic authentication recognized at the European level and must previously have received an invitation from the designated Primary Access Manager (GAP) appointed within the company. All documentation relating to this procedure can be found in the “Help Center” on Mon Espace.
- Agencies whose GAP does not have an identity card compatible with an authentication recognized at the European level may submit their registration request via a Word form (only available in French). This must then be sent to us by official registered mail (not via carriers such as DPD, FedEx, UPS, GLS, etc.).
Temporary employment agencies that already have a licence in one of the other Regions of Belgium may benefit from a simplified procedure and obtain an exemption. This exemption request must also be made using the licence application form.
Licence applications for temporary employment agencies are subject to a preliminary assessment by the administration. They are then forwarded to the Economic, Social and Environmental Committee of the Walloon Region for its opinion. The competent minister ultimately decides whether to grant or refuse approval as a temporary employment agency.
The temporary employment agency receives a licence number that is initially valid for two years. After this period, the licence may be renewed for an indefinite duration.
Activity reports
Employment agencies must submit an annual activity report.
Foreign agencies which are not yet able to access "Mon Espace" due to a lack of authentication compatible with our system have the option of completing the report using a Word form.
Please note that the activity report must be completed by 30 June of year N+1 at the latest.
