TRIXXO JOBS: General terms and conditions for the provision of services
1. Definitions: “TRIXXO JOBS”: the private limited company “TRIXXO JOBS”, registered office Groenstraat 6 – 3730 Hoeselt, recorded in the register of legal entities under KBO number 0889.051.421, the public limited company “TRIXXO JOBS I”, registered office Groenstraat 6 – 3730 Hoeselt, recorded in the register of legal entities under KBO number 0866.674.808, the public limited company “TRIXXO CONSTRUXX”, recorded in the register of legal entities under KBO number 0866.674.808, the private limited company A Concept Interim, recorded in the register of legal entities under KBO number 0837.083.571.
“General Terms and Conditions”: these General Terms and Conditions.
“User”: any natural or legal person who purchases one or more services from TRIXXO JOBS and has set up an agreement for this with TRIXXO JOBS.
“Agreement”: the partnership agreement between TRIXXO JOBS and the User on the basis of which the services are provided, drawn up under applicable Belgian legislation.
2. Validity: 2.1 The legal relationship between the User and TRIXXO JOBS, and everything related, is exclusively subject to the following provisions: (in descending order of importance, each depending on the lack or ineffectiveness of the previous) (i) the signed, written Agreement with the User and/or the signed, written Service Level Agreement (SLA) with the Users; (ii) these General Terms and Conditions; (iii) applicable Belgian legislation – in particular, the law of 24 July 1987 on temporary work, agency work and the provision of staff to users, including the applicable collective work agreements (CAO) under the National Employment Council (NAR) and Trade Association (PC) 322 for temporary agency work, as well as any other (future) applicable regulations, to the exclusion of any other legal provisions which might lead to a legal system other than the Belgian one becoming applicable. TRIXXO JOBS rejects all other provisions and terms, with the sole exception of any terms which TRIXXO JOBS has expressly agreed in writing with the User. These expressly accepted written variations apply only to the agreement to which they relate and cannot be applied to any other agreements, however similar. The User accepts that these General Terms and Conditions will be the only ones applicable, to the exclusion of any general or specific (procurement) terms and conditions of its own, even where these stipulate that they are the only ones which apply. 2.2 Should any of the provisions under these general terms and conditions or part of a provision be found to be ineffective, this does not affect the effectiveness of the remaining provisions or the remainder of that provision. Should any of the provisions be found to be ineffective, TRIXXO JOBS and the user will negotiate to the extent possible in accordance with good faith and conviction to replace the ineffective provision with an equivalent one which meets the overall spirit of these general terms and conditions. If the parties cannot reach an agreement, the competent forum can moderate the ineffective provision to something which is (legally) permitted. 2.3 Should TRIXXO JOBS potentially not enforce or exercise any of their rights as set out in these General Terms and Conditions, then this may only be considered as applying to a particular situation and does not lead to other legal rights being forfeited. Such omission can never be seen as forfeiting any provision and will never affect the validity of these rights. 2.4 TRIXXO JOBS is entitled to revise these general terms and conditions at any time. Any revisions will be notified to the User in advance. The User may also at any time request a copy of the TRIXXO JOBS General Terms and Conditions which were in force at the time in question. Such revisions also apply to agreements set up previously. Revisions to fundamental aspects of the agreement will always be based on reasonable objective factors.
3. Entry into force: 3.1 Any proposal, quote, communication, etc. originating from TRIXXO JOBS can only ever be considered as without obligation and as an invitation to the User to accept the proposal/quote. Any proposal/quote originating from TRIXXO JOBS is valid only for the specific services/work as set out in the quote/agreement and therefore does not apply automatically to subsequent (similar) enquiries. Any proposal/quote is also only valid for as long as is stated on the proposal/quote, except where explicitly agreed otherwise. If no expiry is stated on the proposal/quote, the proposal/quote is only valid for fourteen (14) calendar days. 3.2 The Agreement between TRIXXO JOBS and the User comes into effect only once the written Agreement is signed by both parties, or anyone authorised to act legally for TRIXXO JOBS confirms the work requested by the User in writing and/or electronically, or in any case at the point where TRIXXO JOBS starts the work requested. TRIXXO JOBS will only turn down the work requested where this is based on reasonable grounds.
4. Agency work: 4.1 Under Collective Work Agreement 38c dated 14/07/1999, TRIXXO JOBS may not discriminate against any candidate; consequently, the User is permitted to stipulate criteria only which are relevant to the work requested. 4.2 From the start (within 5 working days) and throughout the term of the Agreement, the User undertakes to provide all the information required as well as any changes to TRIXXO JOBS without delay and preferably in writing.
This includes the following, although not exhaustive:
- regarding the reasons for using temporary agency work and whether or not there is a trades union;
- regarding pay terms and conditions for the permanent staff, including bonuses and sundry benefits which are customary in the User’s business, including how these are worked out;
- regarding the work, the place of work, the professional qualifications required, the results of risk assessments, health checks and any personal protective equipment;
- regarding the job classification and applicable (hourly) wage
- regarding potential strike or lock-out situations, or other forms of temporary lay-off;
- regarding what to do in the event of an accident at work;
- regarding Dimona registration, for which all information must be provided before the temporary employee starts work;
- regarding being late for work or absent;
- regarding a work posting not being renewed.
The User is solely liable for any consequences resulting from failure to provide this information, or providing it late or inaccurately. The costs for rectification and other expenses in this regard will be charged to the User. The User shall indemnify TRIXXO JOBS against any claims from third parties.
4.3 The User undertakes from the start and throughout the term of the Agreement to communicate all information in writing to TRIXXO JOBS as necessary to comply with all statutory obligations. While not exclusively so, this is certainly relevant in connection with the obligations of TRIXXO JOBS regarding expenses which are the responsibility of the employer and any associated corrective action. Where the User agrees to reimburse expenses for which they are liable, any appropriate supporting documents required for tax and national insurance must be made available.
In particular, the User shall provide the following documents to TRIXXO JOBS on a daily, weekly or monthly basis:
- original supporting documents;
- a signed, dated statement of expenses, stating whether or not these expenses are necessary for completing the work as well as an explanation as to why such expenses are necessary;
- a copy of the collective work agreement from the joint committee under which the User falls, where payment is made on the basis of a collective work agreement;
- a statement that any fixed amount for reimbursement of expenses paid to the agency worker and agreed with TRIXXO JOBS is in line with an advance tax ruling or by mutual agreement with the tax authorities;
- if, on the other hand, the User does not have an advance tax ruling or a mutual agreement with the tax authorities, the User will declare that the fixed amount for reimbursement of expenses to the agency worker agreed with the temporary employment agency is in line with the existing company reimbursement scheme.
The User also undertakes to notify TRIXXO JOBS in writing in the event of any changes to the company reimbursement scheme.
The User is solely liable for any consequences resulting from failure to provide any of the above information, or providing it late or inaccurately. TRIXXO JOBS will charge the costs for rectification and other expenses in this regard to the User. TRIXXO JOBS reserves the right, in the event of failure to provide the documents (in time) required to invoice the reimbursement of expenses which are the responsibility of the employer, to demand a surcharge of 309% plus an additional declaration to cover the consequences of any potential investigation by the tax or other authorities. 4.4 The User is responsible for the correctly setting targets and deadlines for agency work; regarding these targets, in situations covered by law, the necessary authorisations and notifications against the employment of agency workers are to be ensured.
4.5 Where zero hours contracts are applied, the User guarantees that this is justified in view of the need for flexibility specific to that business. Immediately upon request by TRIXXO JOBS, the User shall provide the required supporting documentation demonstrating that the use of zero hours contracts is in keeping with the relevant statutory provisions. The User expressly acknowledges that TRIXXO JOBS has no authority of any kind to assess the use of zero hours contracts and that the User is solely responsible for do so. Any penalty imposed on TRIXXO JOBS in the event of any negligence in this regard will be passed on to the User based on these terms of business to the extent they were effective during the work posting. 4.6. TRIXXO JOBS accepts no liability whatever for any consequences of its agency staff being absent or late for work. 4.7 The User may not use the services of TRIXXO JOBS in the event of temporary lay-off, strike or lock-out at the company. In such circumstances, the User should notify TRIXXO JOBS of this without delay (no later than 4 hours) and in writing. The obligatory recall of agency staff in such circumstances does not render TRIXXO JOBS liable to pay compensation to the User.
4.8 While the agency worker is working at the User’s company, the User agrees to observe the statutory provisions on regulation and protection of employment in force at the place of work, under clause 19 of the law of 24 July 1987. It flows from this that the User must treat agency workers on an equal footing with its permanent staff, including with regard to working hours, reduced working hours, salary, breaks, public holidays, Sundays, nights, agency worker well-being while at work, etc. 4.9 The User is not permitted to subcontract out the agency workers provided by TRIXXO JOBS, in breach of the law of 24 July 1987. If the User breaches this condition, TRIXXO JOBS reserves the right to terminate any further work with the User with immediate effect. The User may claim in full for any damage suffered by TRIXXO JOBS as a result of breaching the condition referred to in (1) above. 4.10 The User remains liable under clause 1384 (3) of the Civil Code. The User is therefore solely liable for any damage caused by the agency worker to third parties. The inclusion of an “agency work clause” under the User's civil liability insurance is recommended. TRIXXO JOBS also accepts no liability for damage caused by the agency worker and suffered by the User during and as a consequence of working for the User. TRIXXO JOBS furthermore accepts no liability in the event of damage, loss, theft or disappearance of materials, money or goods in the care of the agency worker.
TRIXXO JOBS also accepts no liability for any loans or advances, in kind or cash, which may have been granted by the User to the agency worker. Furthermore, TRIXXO JOBS will not become involved in recovering amounts due as a result of private phone use, meals taken in the company restaurant, allowable expenses, etc. 4.11 TRIXXO JOBS is bound by a best efforts obligation only and selects temporary workers based on good repute and the qualities notified by the User. Where a subcontractor is brought in to provide agency workers, these temporary workers are ultimately cleared by TRIXXO JOBS, so that the qualities established with the User can be assured. TRIXXO JOBS accepts no liability whatever where the User selects their own prospective agency candidates.
Although TRIXXO JOBS takes every necessary care in the selection of temporary workers, should the User find that an agency worker does not meet the qualifications for the job as requested, they are obliged to notify TRIXXO JOBS without delay, in any case during the first day of work, and must dismiss that agency worker.
The User agrees to confirm such a decision to TRIXXO JOBS by registered letter. 4.12 Agency workers are bound to TRIXXO JOBS by means of a contract of employment and therefore remain at all times employees of TRIXXO JOBS, subject to the authority and supervision of the User.
Although agency workers remain subject to the regulations which define the relationships between TRIXXO JOBS as employer and the agency workers as employees, agency workers must comply with the User’s guidelines at their place of work. 4.13 Under clause 10 of the law of 24/07/1987, agency workers are entitled to the same gross salary, including index-linking and routine pay rises, bonuses, meal vouchers and other wage elements as if they were employed by the User on a permanent basis.
Under the provisions of this clause of these General Terms and Conditions, the User must notify these remuneration details to TRIXXO JOBS. The User is solely liable for any consequences resulting from failure to provide this information, or providing incomplete or inaccurate information. The costs for rectification and other expenses in this regard will be charged to the User.
4.14 Agency workers enjoy the same level of protection as other company employees with regard to occupational safety and hygiene.
Agency workers may only work as stated on the job description form or, where no job description form is required, as stated in the particular business conditions, more specifically in the description of the work, the professional qualifications required and the result of any risk assessment. Under the Royal Decree of 15 December 2010, the User must, in the following cases, complete the job description form and submit it to TRIXXO JOBS before the agency worker is provided. When drawing up this job description form, the User should obtain advice from its accident prevention department and company doctor.
The User is (under clause 11 of the Royal Decree of 15/12/2010) ultimately responsible for providing work clothing and personal protective equipment, as well as for cleaning, repairing and keeping it in a normal, ready-to-use condition, even where alternative arrangements have been agreed with TRIXXO JOBS.
4.15 In the event of an accident at work involving an agency worker, the User shall, after having taken all emergency action, notify TRIXXO JOBS without delay and provide any information necessary for drawing up the accident report. In the event of a serious accident at work, the User must also notify the Welfare at Work Supervisory Inspectors. In the event of delay or failure to do this, the User may be held liable for any adverse consequences. In the event of a serious accident at work, the user’s in-house or external accident prevention service must draw up a detailed report. TRIXXO JOBS can involve their own accident prevention department in this and will note its comments on the detailed report. The User shall then submit this report to the Welfare at Work Supervisory Inspectors within ten days.
The User has a duty to investigate any serious accidents at work involving its employees (both permanent and agency). All causes must be identified, and the necessary measures taken to avoid such accidents in the future. The User must notify TRIXXO JOBS in writing regarding any relevant measures taken, such as revising the job description form, modified personal protective equipment, better onboarding and/or revised work instructions. The User must involve the in-house and/or external accident prevention advisor in this investigation, and include TRIXXO JOBS in the accident at work investigation. TRIXXO JOBS agrees to cooperate in the accident at work investigation by exchanging necessary information and knowledge with the User. Cooperation can be by electronic means, by telephone or at the site where the accident occurred.
Where appropriate, the User is responsible for any costs and fees for its external accident prevention service and for any experts who might be appointed as a result of the accident at work. 4.16 The User is solely liable for returning the customer contract signed by the agency worker and (supervising) the return of the completed and signed work records. In the absence of this, the User will not be entitled to claim a TRIXXO JOBS invoice is invalid because a signature is missing, and TRIXXO JOBS will invoice the User for actual work done by the agency worker, with the contractually agreed work as a starting point. 4.17 By signing the work record, the User confirms the specified work is satisfactory and that the agency worker has done the work. The User will sign the work record immediately after the work specified on the relevant work record is complete, so that the User does not in any way hinder wages being paid efficiently and properly by TRIXXO JOBS. The User’s employees or agents shall not contest the validity of the signature.
Where work records are processed automatically, the User at all times agrees with the work record as submitted to TRIXXO JOBS by automated or electronic means, unless agreed otherwise in writing. TRIXXO JOBS accepts no liability for errors in information submitted automatically.
4.18 The User is responsible for any additional costs, including, but not limited to, compliance with social, tax and business regulations which arise from employing the agency worker outside Belgium (including secondment).
5. Performing the agreement: This Agreement relates only to those services as set out in the signed written Agreement and/or the proposal/quote from TRIXXO JOBS. Any changes and/or additions to the services after the Agreement has entered into force are valid only upon written approval from TRIXXO JOBS.
6. Performing the work: 6.1 The deadlines specified are only ever indicative and not an essential part of the obligations of TRIXXO JOBS recourse the User, nor of the written Agreement between TRIXXO JOBS and the User, nor of the proposal/quote issued by TRIXXO JOBS. In the event of deadlines not being met, TRIXXO JOBS and the User will agree on a reasonable extension period. Missing deadlines, either original or extended, does not entitle payment of any compensation, nor termination of the Agreement between TRIXXO JOBS and the User. Similarly, any delay in terms of performance shall not release the User from any obligation to accept or pay for the work.
6.2 Any change to the work requested by the User and/or to the written Agreement between TRIXXO JOBS and the User, as well as changes to the quote issued by TRIXXO JOBS, automatically result in any previously agreed deadlines becoming obsolete. 6.3 TRIXXO JOBS accepts no liability whatever for delays incurred which are the fault of agency workers and/or the User. The User shall do everything necessary to guarantee the work is performed efficiently, such as the efficient exchange of information.
7. Invoicing and payment: 7.1 Invoicing is based on:
- the work as recorded on the work records or as notified electronically by the User, with a minimum of the hours requested by the User, except (1) where fewer hours were worked and this was entirely the fault of the agency worker and where the information requirements in clause 4 of these General Terms and Conditions have been met or (2) where the User promptly issues TRIXXO JOBS a written and signed agreement from the agency worker, whereby the worker agrees not to be paid for certain hours requested by the User; in the absence of work records completed and signed by the User, invoicing is based on actual work done by the agency worker, with a minimum of the hours requested by the User; in this respect, any time off paid by the User to its permanent staff, such as additional holiday, paid holiday, extra days off between two public holidays or a holiday and a weekend, etc., to which the agency worker is also entitled, is also regarded as time worked and is invoiced as such to the User;
- the agreed weighting and/or agreed rate: this weighting and/or rate will be automatically increased by TRIXXO JOBS in the event of an increase in direct or indirect employer’s costs as well as any other potential factors which determine actual wage costs, and automatically increased in the event of an increase in the agency worker’s basic wage as a result of index-linking and routine wage increases which apply to the User;
- the other wage elements as provided for under clause 4.12 of these terms and conditions;
- any other written pricing agreements;
plus VAT as applicable.
For special work (such as overtime, shift work, nights, Sundays and public holidays, etc.) the agency worker is paid in accordance with the relevant legislation and/or collective work agreement applicable to the User. Additional wages such as the above are invoiced to the User with the same weighting as was applied to the agency worker’s basic rate or as was used for calculating that rate.
7.2 Invoices from TRIXXO JOBS are always payable in cash, unless stated otherwise by TRIXXO JOBS’ head office, or by transfer to the account number stated on the invoice. If payment is made other than by cash, bank transfer, direct debit or cheque, any bank fees will be charged to the User.
Under clause 4.9 of these General Terms and Conditions, the User is not permitted to make payments directly to the agency worker.
7.3 Invoices are due for payment within thirty (30) calendar days of issue. If by the due date any invoice is unpaid, paid late or only part-paid:
(i) interest is charged automatically and without prior notice of default, at a rate equal to the statutory interest rate as determined by the Late Payment Act of 2 August 2002, calculated from the due date, and accumulating annually until paid in full; (ii) the invoice amount will be increased automatically and without prior notice of default by a fixed amount of 10% of the total invoice amount outstanding, with a minimum of €125.00, as statutory compensation, without prejudice to the right of TRIXXO JOBS to prove greater loss; (iii) the User is legally and without prior notice of default obliged to pay all legal and out of court recovery costs (including bailiff and collection agency costs), (vi) all other TRIXXO JOBS invoices, including those not yet due for payment, legally and without prior notice of default fall due and payable immediately; (v) TRIXXO JOBS is entitled to suspend and/or cancel (further) performance of the relevant, and/or one or more other, Agreement(s) with the User and consequently to withdraw its agency workers with immediate effect, if payment has not been made within fifteen (15) calendar days of receipt of written notice of default. 7.4 Part payments are only accepted without prejudice and are set against (in respective order) (i) interest due, (ii) damages and (iii) only then against the principal amount outstanding. 7.5 Any payment method agreed in writing will lapse automatically from the point TRIXXO JOBS has to proceed to recovery of outstanding debts from the User using legal recourse. In the event of written notice of default, in the event of disputed amounts or cheques returned unpaid, in the event of action by the National Social Security Office or other evidence of doubtful solvency against the User, the payment terms granted by TRIXXO JOBS will also lapse automatically.
8. Acceptance and complaints: 8.1 Disputes relating to invoices must be notified to TRIXXO JOBS within eight (8) calendar days of issue by registered letter stating the reasons, or within the same period by email to firstname.lastname@example.org. Disputes cannot be accepted after this deadline.
8.2 For work-related complaints which have been reported to TRIXXO JOBS promptly and properly, no later than seven (7) calendar days after discovering cause for complaint, TRIXXO JOBS will do everything reasonable (which is not physically impossible) to address the User’s complaint, such as (i) rectifying cause of the complaint, (ii) assuring the User that work will continue; (iii) issuing a credit for an amount which reasonably corresponds to the nature and scope of the complaint in question. The User acknowledges that this action separately amounts to full and adequate compensation for any possible damage resulting from any complaints and accepts that taking this action cannot be regarded as TRIXXO JOBS accepting liability. 8.3 The User is obliged to reimburse costs incurred in light of unreasonable complaints.
9. Liability: 9.1 TRIXXO JOBS will at all times perform the Agreement to the best of its knowledge and ability and in keeping with standards of good workmanship and in keeping with legislation and regulations. 9.2 Except where explicitly stated otherwise in these General Terms and Conditions, the liability of TRIXXO JOBS towards the User both under the contract and otherwise is limited to that which is required by law and is in any case limited to the lower of the following two amounts: (1) the relevant invoice amount (ex. VAT); (2) any payout TRIXXO JOBS receives from its insurer relating to the applicable liability case under the commercial liability policy taken out by TRIXXO JOBS. 9.3 TRIXXO JOBS accepts no liability whatever for: (1) indirect loss or damage (including, but not limited to damage to third parties), (2) damage caused directly or indirectly by the User and/or agency worker and/or a third party (3) damage as a result of non-compliance by the User and/or agency worker and/or a third party in respect of statutory and/or other obligations.
10. Force majeure and hardship: 10.1 Notwithstanding the provisions under clause 4 of these General Terms and Conditions, TRIXXO JOBS accepts no liability for failure to meet its obligations where this is caused by force majeure or hardship. 10.2 In the event of force majeure or hardship, TRIXXO JOBS can, at its own discretion and judgement, without prior notice of default or judicial intervention being necessary, and without any right to recourse against TRIXXO JOBS: (1) propose to the User a practical equivalent to the relevant services (e.g. where no suitable candidate can be found, substitute a candidate meeting at least the same job-relevant criteria); (2) temporarily suspend performance of its obligations; (3) terminate the Agreement between TRIXXO JOBS and the User out of court, where the Agreement cannot be performed for more than three (3) months due to force majeure, or (4) renegotiate the conditions under which the Agreement is performed. Should the User not contribute to these renegotiations in good faith, TRIXXO JOBS may, under clause 19, request the court to decide alternative contract terms and conditions and/or order the User to pay damages. 10.3 Force majeure and hardship include (purely illustrative list): unavailability and/or scarcity of certain candidates (such as, but not limited to, seasonal candidates); (threat of) terrorism, freezing conditions; extreme weather; strike; military mobilisation; war; disease; pandemic or epidemic; lockout; accidents; communication and IT failures; government measures; transport and/or movement blockades; including lack of or withdrawal of transport options; breakdown; traffic jams; etc.
11. Term and termination: 11.1 This Agreement commences on the day it is signed, or on the date of written and/or electronic confirmation by the User. Where no term is defined in the Agreement, it will last indefinitely. The Parties may terminate this Agreement at any time by serving notice of three (3) months, to be served on the other Party by email with acknowledgement of receipt or by registered letter. With the latter, notice starts on the third calendar day following the date on the registered letter. 11.2 Where the Agreement between the User and TRIXXO JOBS is terminated as a result of non-compliance by the latter in respect of the legal obligations to which it is bound or as a result of incorrect information provided by the User when setting up the relevant agreement, the User will pay fixed compensation to TRIXXO JOBS equal to the total of all invoices which TRIXXO JOBS would have issued had the Agreement been executed in full, with a minimum of €125 per calendar day. TRIXXO JOBS reserves the right, however, to claim higher compensation provided that it can prove the extent of that damage. 11.2 In the event of any change in the User’s circumstances, such as death, collective debt settlement, restructuring, merger, acquisition, transfer, liquidation, ceasing payments, application to suspend payments, ceasing business, application for protection from creditors, seizing of assets or any other circumstance which may damage confidence in the creditworthiness of the User (including but not limited to exceeding the credit limits set by TRIXXO JOBS), or in the event of fraud, malicious intent or deceit, TRIXXO JOBS reserves the right, on account of that fact alone: either to suspend performance of the Agreement with the User until the User provides sufficient security for payment; or to declare the Agreement with the User ineffective from the date of sending notice of termination, without prior notice of default and without judicial intervention, and without prejudice to the right of TRIXXO JOBS to claim additional compensation. 11.3 Where the Agreement between TRIXXO JOBS and the User is terminated, whether or not under application of the right of termination as set out in this clause, the User loses the right to require TRIXXO JOBS to comply with its obligations with regard to the terminated agreement. 11.4 The User is entitled to suspend its obligations under the Agreement if TRIXXO JOBS fails to meet its essential obligations under the contract without good reason and does not rectify this within fifteen (15) calendar days of the User notifying TRIXXO JOBS.
12 Hiring too early: 12.1 Should the User enter into an employment relationship with an agency worker put forward by TRIXXO JOBS but not yet accepted by the User, or with an agency worker accepted by the User, after they have been put forward and before the minimum term has started or, if applicable, before the minimum period of 130 working days has expired, for the same or another position without TRIXXO JOBS being involved, the User shall pay TRIXXO JOBS a penalty equal to 25% of the gross annual wage of the temporary agency worker concerned. The above penalty is fixed on the basis of the mutual agreement between the User and TRIXXO JOBS, and is based, inter alia, on what the User would have to spend on recruiting, selecting and screening an employee with the same qualifications.
The User is also liable for this penalty where the agency worker, once the posting has ended, enters into an employment relationship with the User, but where 130 working days have not yet elapsed between the first day of the posting and the first day of the employment relationship with the agency worker. .
The User agrees to notify TRIXXO JOBS in advance in writing of any intention to enter into an employment relationship with the agency worker.
Entering into an employment relationship with the agency worker is taken to mean:
- the User entering into a contract of employment with the agency worker;
- the relevant agency worker being made available to the User by a third party (including another temporary employment agency);
- entering into an onboarding agreement with the agency worker or with a third party who has engaged the agency worker for this purpose;
- the agency worker entering into an employment relationship with a third party, where the User and that third party are part of the same group, are parent or subsidiary companies of each other or are affiliated or associated companies, under Heading 4 of the Companies Code.
An agency worker is taken to mean:
- an agency worker selected by TRIXXO JOBS who was made available to the User under an employment contract for temporary work;
- a prospective temporary worker proposed by TRIXXO JOBS to the User.
The gross annual wage of the agency worker is taken to mean:
- where the agency worker has already worked: the most recent relevant hourly wage x the full-time number of hours per week applicable in User’s line of business x 4.33 x 13.92;
- where the prospective agency worker has not yet worked: the wages applicable to the User for the position in question (taking the User’s Trade Association scale as a minimum) x the full-time number of hours per week applicable in the User’s line of business x 4.33x13.92.
The above provisions apply without prejudice to the right of TRIXXO JOBS to demonstrate higher damage.
13. Netting off: 13.1 In keeping with the Law on Financial Securities dated 15 December, 2004, TRIXXO JOBS and the User automatically and legally settle and set off any ongoing existing and future financial claims against each other. This means that in the ongoing relationship between TRIXXO JOBS and the User, the balance of the largest financial claim remains outstanding after the above automatic settlement. 13.2 This set-off will in any case be enforceable against administrative receivers and other existing creditors, who will therefore not be able to object to the set-off carried out by the User and TRIXXO JOBS.
14. Intellectual property: TRIXXO JOBS exclusively retains all intellectual property rights it possesses over the services it provides. TRIXXO JOBS guarantees that it has the appropriate licences/rights needed to offer its range of services.
15. Personal data: 15.1 As part of the business of providing agency workers and the recruitment and selection of candidates by TRIXXO JOBS, personal data is exchanged on a regular basis between TRIXXO JOBS and the User. In this respect, TRIXXO JOBS will at all times process personal data in its possession in accordance with the Belgian Privacy Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, hereinafter referred to as the “Privacy Act”. 15.2 TRIXXO JOBS will only request personal data from its Users as is necessary for the purposes of processing. TRIXXO JOBS will only process personal data for the purpose of legitimate interests. 15.3 TRIXXO JOBS will do everything necessary to protect the personal data of its Users and will not pass it on to third parties without a legitimate interest. Notwithstanding the above, the User accepts and acknowledges that TRIXXO JOBS may transfer this personal data to third parties for the purpose of performing the Agreement. 15.4 The User can request access, rectification, deletion, restriction, and portability of their data at any time by post: TRIXXO JOBS, [address]; or by email: [email address].
16. Confidentiality: Any confidential information which is shared by the Parties prior to setting up the Agreement or during or after it has become effective, will be regarded as confidential and will be treated as such. The Parties agree not to disclose this confidential information to third parties except where it concerns information which is publicly available without error or negligence on the part of the receiving party. The Parties will in any case only grant their employees and agents access to this confidential information on a need-to-know basis.
17. Assigning the agreement: Except where otherwise agreed in writing between the Parties, the User is not entitled to assign the rights and obligations arising under the Agreement between TRIXXO JOBS and the User to any third party.
18. Notifications: Any notifications in connection with or as a result of the performance of the Agreement must be confirmed by email with acknowledgement of receipt or by registered letter. The User acknowledges and agrees that invoices and correspondence from TRIXXO JOBS can be sent by electronic mail to the agreed invoicing email address. Between the Parties, a ‘sent’ confirmation showing that invoices and correspondence have been delivered in the above manner serves as sufficient proof.
19. Rights and exception of non-performance: Any rights which TRIXXO JOBS may derive from these General Terms and Conditions are cumulative with respect to common law and can be exercised as often as TRIXXO JOBS deems appropriate. Performing any obligation arising for TRIXXO JOBS under these General Terms and Conditions is subject to the a priori condition that the User has fully met all obligations under this or any other agreement concluded with TRIXXO JOBS. Where the User is and remains in default, TRIXXO JOBS is legally entitled to suspend the performance of its obligations without prior notice.
20. Disputes: 20.1 This Agreement is governed exclusively under and must be interpreted in accordance with Belgian law. 20.2 Only the courts in the jurisdiction where the registered office of TRIXXO JOBS is located are competent to rule on disputes under this Agreement.