Conditions and inspections
A temporary employment agency must meet a certain number of conditions in order to be approved. In addition, all private employment agencies are obliged to respect certain conditions and obligations whilst carrying out their employment activities. This is monitored by the regional employment inspectors. If a private employment agency does not respect the rules, its approval is suspended or withdrawn (placement of temporary workers) or its registration is cancelled (other activities).
Conditions and duties
Conditions for the approval of temporary employment agencies
- The agency is independent of the public authorities. It was not created by a public authority and no public authority holds either the majority of the shares in the agency or the majority of the votes at its general assembly.
- The agency offers sufficient guarantees of solvency and financial health.
- It respects the tax laws, labour law, social security law, collective employment agreements, company law and commercial law.
- None of its administrators, managers or representatives have been convicted of a crime or received a fine as a result of an infringement (Art. 8 - 6° of the Order of 14 July 2011).
- It does not owe any tax payments or social security contributions.
Obligations of all private employment agencies
- The agency respects the privacy legislation.
- It does not discriminate between job-seekers or workers. It does not deprive them of their right to freedom of association.
- It does not require any financial contribution from job-seekers or workers, whether directly or indirectly, in full or in part.
- It displays the text regarding the rights and obligations of workers and job-seekers (.pdf - in French) (45k) in an appropriate and easily accessible location.
- If the agency uses personality or psychological tests, these tests are carried out by or under the responsibility of a qualified psychologist.
- It does not perform or require the performance of genetic tests.
- It does not collect medical data that is not connected to a requirement of the job offer.
Conditions and sanctions
The regional employment inspectors check both the private employment agencies working in the Brussels-Capital Region and the businesses that use the services of these agencies. Any person who commits an offence may receive a fine or even a prison sentence.
The Regional Employment Inspectorate is at your disposal for any information you may require regarding the legislation. You can also make a complaint if this legislation is not correctly applied. However, anonymous complaints are not normally followed up.
In the event of problems, the Economic and Social Council of the Brussels-Capital Region (C.E.S.) may invite representatives of the private employment agency to explain the situation. If a private employment agency does not meet/no longer meets the approval (temporary employment agencies) or registration conditions (other types of agency), three scenarios may arise, after the Economic and Social Council has issued its opinion:
- the Minister for Regional Employment may set a deadline of a maximum of 3 months for the temporary employment agency to comply with the obligations of the Order or its implementing decree (suspension of approval);
- the Minister may withdraw the authorisation of the temporary employment agency;
- the Employment Policy & Plural Economy Department may cancel the registration, which means that the private employment agency cannot continue to perform its employment activities
- Order of 14 July 2011 on the mixed management of the employment market in the Brussels-Capital Region
- Implementing decree of 12 July 2012 of the Government of the Brussels-Capital Region
- Order of 30 April 2009 on the monitoring of employment legislation within the mandate of the Brussels-Capital Region and the introduction of administrative fines applicable if these regulations are violated.