Temporary work in Belgium

What are temporary work agencies and how do they work?

If you work as a temp (temporary worker), you are always an employee of the temp (temporary work) agency.

In other words, the temp agency is your employer.

As your employer, the temp agency pays your salary (and your social insurance contributions) and looks after all the administration. It takes care of your employment contract, tax statement, certificates etc. Yet your place of employment is at another company.

That company is the client-user of the temp agency. They call upon the services of the temp agency, namely, your talent. The client-user pays the temp agency for your services. You do not pay anything when you find work through the temp agency.

As a temporary worker, you have the same rights at the client-user as other employees.

How are public employment services (VDAB, FOREM, Actiris) different from temporary work agencies? Can I be registered at both at the same time?

Public employment services are run by regions and concentrate on guiding candidates towards employment while temp agencies are commercial companies that make money on putting candidates at work.

How do I choose a temporary work agency I would like to work for?

Temp agencies differ in sector specialisation, geographical scope and the client-users they work with. Bigger agencies also tend to have foreign departments and are used to hiring expats. The choice of the agency should be based on all those factors.

Do all sectors hire temporary workers?

Almost all sectors. Temporary work is very common in Belgium, but there are some professions where temporary work is less popular, for example civil servants, doctors, teachers, etc.

Do different temporary work agencies offer different contracts for the same job?

The contract will always depend on the needs of the so called client-user. A temporary work agency works for multiples companies, so one contract for a production line worker at for example Coca-Cola would be a bit different from a contract for the same job at Pfizer.

Can I combine multiple temporary work contracts? So, for example, at 2 or more temporary work agencies at 2 or more client-users?

Yes, you can.

What is the maximum number of temporary contracts I can have? What if I work for a few temporary work agencies in parallel?

Temporary employment is characterised by weekly contracts. As a temporary worker, you are usually offered weekly contracts that will be renewed each time. In certain cases, you can also work with a day contract or consecutive day contracts. How long you can work at a company as a temporary worker is stated in the law (CAO 108). How long you can work as a temporary worker depends on a reason a company invokes temporary work.

What is the longest temporary contract I might obtain? Is there a maximum number of hours/days after which there is an obligation to give a permanent contract?

You can indeed have multiple employers, but you must be careful not to engage in deloyal competition with your employer. You can work through temp agency A in a shop at the weekend and through temp agency B in a factory during the week.

What is the difference between brutto and netto salary? How do I calculate how much will I earn?

There are several legally required deductions from your pay: social security contributions and withholding taxes. How much you retain from your gross salary depends on your family situation and the benefits in kind that are granted (such as meal vouchers, etc.)

Is it true that the net salary of a temporary worker is slightly higher than that of a permanent employee?

Since temporary workers are employed on weekly contracts, they receive weekly departure holiday pay. This is 15.34% of gross pay. Therefore, it seems that the temporary worker earns more than a permanent employee, but in reality this money is for the holidays that will be taken in the future.

Are temporary workers entitled to holiday pay and end-of-year bonus? How is this calculated?

Since temporary workers are employed on weekly contracts, they receive weekly departure holiday pay. This is 15.34% of gross pay. If temporary workers take holidays, they are not placed under contract at that time, but use this 15.34% to compensate for their holidays. To be entitled to an end-of-year bonus, temporary workers must have worked at least 65 days or 494 hours during the reference period under the five-day working week system. The end-of-year bonus is paid by the social fund for temporary workers.

What bonuses in addition to my pay am I entitled to as a temporary worker (insurance, meal voucher, public transport ticket, etc.)?

Temporary workers are entitled to the wage components that a permanent employee has in the same job. This includes meal vouchers and the conditions set by the client-user must be taken into account. Group insurance is not granted to a temporary worker as this is legally impossible, this is where the pension premium comes in.

If I become a temporary worker, will my contributions go to the pension fund? What will happen with those contributions if I decide to return to Ukraine?

For the statutory pension, temporary workers are entitled to a pension like permanent workers. There is no group insurance for temporary workers as is provided for permanent employees. A collective labour agreement has been concluded for PC 322 that provides for a pension premium for temporary workers employed in some 40 sectors.

Do I have a right for a sick leave?

If you fall ill during the period you have a temporary contract, the days of sickness under contract are indeed paid (if you have 1 month seniority). If the illness starts after the contract, there is a benefit from the mutual insurance company and, in some cases, an additional benefit from the temp agency (specific conditions around seniority).

What happens if I get a work-related injury? How do I report and get reimbursed?

An accident at work must be reported to the temporary work agency that has taken out insurance for this purpose. This insurer will assess whether it is an accident at work and how you will be compensated.

Can I choose my shifts or will I be assigned shifts? When do I have to decide?

You can state your preferences to a consultant during an interview. When you get an offer you are interested in, you can decide whether to accept the requirements as they are, negotiate different arrangements or turn down the offer altogether.

What happens if I work extra hours (beyond what has been foreseen)?

In principle, the employee is entitled to the payment of overtime for any work performance he performs above 9 hours per day or 40 hours per week, or above lower limits (e.g., 39 hours, 38 hours, 37 hours, or even 36 hours) established by a collective labour agreement.

Will I get extra pay if I work at night, during the weekends and public holidays?

The overtime pay is 50% of the normal wage. This percentage shall be increased to 100% for overtime worked on Sunday, a holiday or a holiday replacement day are performed.

Will I lose my social assistance (benefits) if I will work under a temporary work contract? What if my salary will be lower than the social assistance?

If you receive wages, the financial support (living wage) you receive from the government will indeed reduce or even disappear.

What prospects does becoming a temporary worker create for me if I decide to stay in Belgium?

Work experience is the biggest advantage of becoming a temporary worker. It’s also an opportunity to show and to prove your own skills, to learn something new. All of that can lead to the permanent employment.

Which languages do I need to know to become a temporary worker in Belgium (Brussels, Flanders, Wallonia) and what are the minimum requirements?

Belgium has 3 official languages: Dutch, French and German (less common). The majority of companies, especially in Flanders, search for bilingual staff. The primary language in Brussels and Wallonia is French, Dutch in Flanders.  With an advanced level of English, you can easily find a white collar job in the big international companies. But nowadays a blue collar profile with a good knowledge of English can find a job, especially if he/she has some other skills.

If I lack knowledge or qualifications, where can I be trained and who will pay for it?

There are lot of opportunities to get a training in Belgium, a lot of them are already sponsored by a sector or a government.  For example you can find a lot of different courses on the website of VDAB -Actiris -Forem (first you need to register as jobseeker):

https://www.vdab.be/opleidingen

https://www.actiris.brussels/fr/citoyens/me-former/

https://www.leforem.be/particuliers/formations-forem.html

But even as a candidate for temporary work you have opportunities to get trained. You can discuss it with your consultant and he/she will try to find a solution for you.

Are my Ukrainian diplomas and certificates sufficient to become a temporary worker? If not, do I need to legalise my diplomas and certificates or get local reattestation by passing exams?

In Flanders, Naric is responsible for recognition of foreign diplomas: https://www.naricvlaanderen.be/.

Very often you don’t need to show your certificate or diploma, you would be tested and screened.  But of course there are some jobs, where the certificates are required, think on Driving license for different categories etc.

What documents proving registration in Belgium are required for me to become a temporary worker (annex 15, card A)?

If you hold an A card or an Appendix 15 you may indeed work. Protection status is granted provisionally for 1 year and is renewable twice for 6 months.

What is a BIS number, can I obtain it and where do I apply?

The bis number is a unique identification number for persons who are not registered in the National Register but who nevertheless have a relationship with the Belgian authorities. The bis number consists of 11 digits, the first six of which are the date of birth. You receive this bis number as soon as you receive the A- card.

Is temporary work contract a valid proof that you have sufficient finances to pay for a rental property?

No, unfortunately, the temporary work contract is not a valid proof on the real estate market. But this contract can lead to the permanent contract.

Will a bank accept my temporary contract to give me a loan for a real estate?

No, it will not. But again, it could be your first step to get a permanent contract.