Rights of temporary agency workers broadened
Newsflash
Hiring and recruitment
The Belgian legislator implements the European Directive and broadens the rights of the temporary agency workers against the users
The Belgian State Gazette published the law of 9 July 2012 transposing Directive 2008/104/EC of 19 November 2008 on temporary agency work with respect to those provisions where the Belgian legislation was not yet in accordance with EC law.
The new law concerns three provisions designed to restrict differences in treatment between workers and temporary agency workers with respect to:
- access to the amenities or collective facilities in the user's undertaking (canteen, childcare facilities and transport services, etc.). The law still offers the user the possibility to treat the two groups differently if it is justified by objective reasons;
- application of the regulations in force in the user's undertaking to the temporary agency workers concerning:
- equal treatment;
- protection of pregnant women and nursing mothers.
- information on any vacant posts in the user's undertaking. Such information may be provided by a general announcement posted in a suitable place in the undertaking.
> Action point (starting 5 August 2012)
It is necessary to grant temporary agency workers access to the aforementioned collective facilities and to inform them via the usual channels about any vacancies in the company.