{"id":6319,"date":"2025-09-04T16:12:21","date_gmt":"2025-09-04T14:12:21","guid":{"rendered":"https:\/\/impact.be\/candidates\/algemene-voorwaarden\/"},"modified":"2026-07-22T10:03:18","modified_gmt":"2026-07-22T08:03:18","slug":"general-conditions","status":"publish","type":"page","link":"https:\/\/impact.be\/en\/candidates\/general-conditions\/","title":{"rendered":"General conditions"},"content":{"rendered":"

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\n\t\t\t\t\n \tGeneral Terms and Conditions\n\t\t\t<\/h1>\n <\/div>\n
\n \t\n

Article 1. <\/strong>These general terms and conditions apply to all agreements relating to the provision of temporary workers to users, recruitment and selection, outplacement and the provision of HR services carried out under the trade name IMPACT. These trade names are commercialised by the public limited company IMPACT, with company number 0464.633.166, located at Genkersteenweg 379a, 3500 Hasselt.<\/p>\n

These terms and conditions always take precedence over any terms and conditions of IMPACT’s customers\/temporary workers\/users\/suppliers, etc., and shall apply exclusively.<\/p>\n

Article 2<\/strong>. These general terms and conditions have been drawn up in accordance with the legislation in force, including but not limited to:<\/p>\n

    \n
  • the Act of 24 July 1987 on temporary work, temporary employment and the provision of workers for the benefit of users, including the applicable collective labour agreements of the National Labour Council and the Joint Committee for Temporary Employment;<\/li>\n
  • the Economic Law Code (WER) of 28 February 2013;<\/li>\n
  • the Decree (Flemish Government) of 10 December 2010 on private employment services;<\/li>\n
  • the Decision of the Flemish Government of 10 December 2010 implementing the Decree on private employment services;<\/li>\n
  • the Decree (Walloon public service) of 3 April 2009 on the registration and recognition of employment agencies;<\/li>\n
  • the Decree (German-speaking community) of 11 May 2009 on the authorisation of temporary employment agencies and the supervision of private employment agencies.<\/li>\n<\/ul>\n

    Article 3<\/strong>. Temporary workers are made available under the special conditions agreed upon at the time of the request and under the general conditions set out below, which form an integral part of the agreement concluded between the user and IMPACT. Any deviation from these general conditions must be agreed in advance and in writing.<\/p>\n

    Article 4<\/strong>. These general terms and conditions \u2013 and in particular Article 24 \u2013 also apply as soon as the user submits a request to IMPACT, either by telephone, text message, email, in writing or in any other form, and IMPACT proposes candidates to the user.<\/p>\n

    Article 5<\/strong>. IMPACT undertakes to perform to the best of its ability and gives no guarantees regarding the results of its assignment.<\/p>\n

    In the case of a mediation assignment in the context of recruitment and selection, no rights can be derived from the quotation or offer if the candidate to whom the quotation or offer relates is no longer available in the meantime.<\/p>\n

    In the case of a recruitment and selection assignment, the client is obliged to form its own opinion about the suitability of the candidate before entering into an employment contract with the candidate. IMPACT will exercise all due care prior to and during the selection process, but this does not release the client from its duty to investigate. IMPACT is not liable if the candidate does not meet the client’s expectations, unless IMPACT can be shown to have been seriously negligent in the recruitment and selection process. IMPACT’s liability in this regard is always limited to a maximum of the invoice amount paid by the client in a timely manner.<\/p>\n

    Article 6<\/strong>. In accordance with CLA 38 quater of 14 July 1999 and the Anti-Discrimination Act of 10 May 2007, IMPACT may not treat candidates in a discriminatory manner. Consequently, the user is only permitted to formulate job-relevant criteria in its request.<\/p>\n

    In the case of a recruitment and selection assignment, the client is obliged to treat the candidate proposed by IMPACT, as well as the information provided with this proposal, in a correct and careful manner. The client is prohibited from passing on information about candidates to third parties in any way or from proposing candidates to third parties. If the client violates this prohibition, it is obliged to pay a mediation fee (as described in Article 24 below) equal to 30% of the candidate’s gross annual salary. The client and IMPACT consider that the aforementioned violation is de facto equivalent to an employment contract between the client and the candidate as described in Article 24.<\/p>\n

    Article 7<\/strong>. The user undertakes to communicate all necessary information to IMPACT in writing at the time of application, at the start of the contract and throughout its duration, as well as any changes without delay. Without being exhaustive, this includes the following information:<\/p>\n

      \n
    • the reason for using temporary agency workers (see also Article 8 below) and whether or not there is a trade union delegation, as well as the competent joint committee;<\/li>\n
    • the job description, including the required professional qualifications, the risk assessment and the job description form; (see also Articles 9 and 17 below)<\/li>\n
    • the remuneration conditions of the permanent staff, including bonuses and various benefits that are customary in the user’s company, as well as the conditions for granting them;<\/li>\n
    • all information necessary for the DIMONA declaration, which must be communicated before the temporary worker starts work;<\/li>\n
    • all information concerning the temporary worker’s late arrival or absence; (see also Art. 11 below) all information relating to an accident at work; all information concerning the services provided;<\/li>\n
    • all information relating to the extension or non-renewal of the assignment;<\/li>\n
    • all information concerning possible situations of strike or lockout or other forms of temporary unemployment;<\/li>\n
    • the work regulations;<\/li>\n<\/ul>\n

      The user is solely liable for the consequences arising from the failure to provide this information (on time), or from providing insufficient or incorrect information. All corrections and\/or costs incurred as a result will be invoiced to the user, including an administration fee of \u20ac50.00 per correction (= additional payroll processing per temporary worker per week). If, due to the late transmission of information, the DIMONA declaration cannot be made before the start of employment, the user runs the risk of being considered an employer on the basis of a permanent employment contract.<\/p>\n

      In the case of a recruitment and selection assignment, the client is obliged to provide IMPACT with all information that may reasonably be relevant to IMPACT’s assignment at the start of and during the assignment. If, during the performance of the contract, at the request of the client, the subject of the services is changed or the profile of the candidate is changed, the original price will be increased in accordance with the additional work charged at IMPACT’s standard hourly rate (\u20ac140).<\/p>\n

      In addition to the administrative fee of \u20ac50.00 per correction referred to in this Article, IMPACT<\/strong> reserves the right to charge separately for additional administrative services.<\/p>\n

      Additional administrative services include, but are not limited to:<\/p>\n

        \n
      • secondment of temporary agency workers: EUR 175.00 per file;<\/li>\n
      • amendments, extensions or regularisations of secondments: EUR 75.00 per intervention;<\/li>\n
      • applications for or initiation of temporary unemployment procedures: EUR 125.00 per file;<\/li>\n
      • follow-up, regularisations or corrections relating to temporary unemployment: EUR 50.00 per processing;<\/li>\n
      • processing and follow-up of minor occupational accidents: EUR 75.00 per file;<\/li>\n
      • processing and follow-up of serious or severe occupational accidents: EUR 250.00 per file;<\/li>\n
      • additional reporting, analyses and data processing: EUR 50.00 per report;<\/li>\n
      • manual processing of working time records outside the digital platform made available by IMPACT: EUR 50.00 per temporary agency worker per week;<\/li>\n
      • complex administrative processing, exceptional administrative support, audits, inspections, retrieval of historical data, customised reporting, and all other services falling outside the normal scope of the agreed services: at IMPACT hourly rate applicable at the time the services are performed.<\/li>\n<\/ul>\n

        All external costs, contributions, fines, levies, insurance costs, fees of experts, prevention services, public authorities or other third parties relating to these services shall be borne in full by the User.<\/p>\n

        Reports that are expressly included in a quotation, cooperation agreement, framework agreement, public procurement contract or any other written agreement between the Parties shall be deemed to be included in the agreed price.<\/p>\n

        IMPACT reserves the right to adjust the above rates and charges in line with changes in the consumer price index, wage indexation, amendments to social security, tax or employment legislation, requirements imposed by public authorities, or any other objective circumstance resulting in increased costs. The rates applicable at the time the services are performed shall apply.<\/p>\n

        Article 7bis. <\/strong>Deviations<\/p>\n

        IMPACT shall at all times reserve the right, at its sole discretion, to waive all or part of certain charges, grant a discount, apply a different rate, or exceptionally perform certain services free of charge.<\/p>\n

        Any such deviation shall only be valid if confirmed in advance in writing by IMPACT.<\/p>\n

        The fact that IMPACT refrains from charging a fee, grants a discount or applies a different rate in one or more instances shall never constitute an acquired right, trade custom, established practice, implied agreement or precedent for future services, files, Users or invoices.<\/p>\n

        IMPACT shall at all times remain entitled to apply in full the rates and charges set out in these General Terms and Conditions, irrespective of any previous deviations or commercial concessions.<\/p>\n

        Article 8<\/strong>. The user is responsible for the correct application of the grounds and time limits for temporary agency work. Within the framework of these grounds, the user shall, in the cases provided for by law, obtain the necessary permits and notifications in advance with regard to the employment of temporary agency workers. The user is solely liable for the correct application of the regulations relating to successive daily contracts for temporary agency work, as laid down in Chapter VI of CLA 108. All additional compensation resulting from the incorrect application of these regulations shall be borne by the user. The user is responsible for obtaining all permits required by law.<\/p>\n

        Article 9. <\/strong>If the professional qualifications of a temporary worker do not meet the user’s requirements, the user must notify IMPACT within the first four working hours. If the user selects the temporary workers themselves, the unsuitability of the temporary worker can never be invoked against IMPACT.<\/p>\n

        Article 10<\/strong>. IMPACT shall in no event be liable for the direct and indirect consequences of the absence and\/or late arrival of its temporary workers. In such cases, the user shall immediately inform IMPACT.<\/p>\n

        Article 11.<\/strong> The temporary worker enjoys the same level of protection as the user’s other employees with regard to occupational safety and health. The temporary worker may only perform the work specified on the job description form or, if no job description form is required, the work specified in the special conditions, more specifically in the description of the job, the required professional qualifications and the results of the risk assessment.<\/p>\n

        In accordance with the Royal Decree of 19 February 1997, the user must, in the cases provided for, complete the job description form and submit it to IMPACT prior to the temporary agency worker being made available. When drawing up this job description form, the user must seek the advice of its prevention service and occupational physician.<\/p>\n

        The user bears (in accordance with Article 5, \u00a73, 4\u00b0 of the Royal Decree of 19 February 1997) the final responsibility for providing work clothing and personal protective equipment, as well as for cleaning, repairing and maintaining them in a normal usable condition, even if a different agreement on the delivery thereof has been concluded with IMPACT.<\/p>\n

        Article 12<\/strong>. During the period of employment of the temporary worker at the user’s premises, the user is responsible for applying the provisions of the law on the regulation and protection of labour that apply at the place of employment. This means that the user must treat temporary workers on an equal footing with its permanent staff, including in terms of working hours, reduction in working hours, compensation, breaks, public holidays, Sunday work, night work, the well-being of the temporary worker at work, etc.<\/p>\n

        Article 13<\/strong>. In accordance with Article 10 of the Act of 24 July 1987, temporary workers are entitled to the same gross salary, including indexations, conventional increases, bonuses, meal vouchers, eco vouchers, benefits in kind and other salary components, as if they were employed by the user on a permanent basis. All free hours granted and paid by the user to its permanent staff, such as extra-legal holidays, vacation days, bridge days, rest periods, meals, are considered working hours and will be invoiced as such.<\/p>\n

        The user must provide IMPACT with all this wage information in advance. The user is solely liable for the consequences of failing to provide this information, or providing incomplete, late or incorrect information. Any corrections and\/or costs incurred as a result shall be borne by the user.<\/p>\n

        Article 14.<\/strong> The user is responsible for the actual supervision of the temporary worker. Therefore, civil liability, as provided for in Article 1384(3) of the Civil Code, rests with the user, who is solely liable for any damage caused by the temporary worker to third parties. IMPACT recommends that the user include a \u2018temporary employment\u2019 clause in its civil liability policy.<\/p>\n

        IMPACT is not liable for damage caused by the temporary worker or candidate to the user or client during and as a result of their employment with the user or client, nor for direct damage, loss of profit, lost savings, diversion or replacement costs or any indirect or consequential damage.<\/p>\n

        Article 15.<\/strong> IMPACT is not liable for loans or advances in kind or in cash granted by the user to the temporary worker, nor for any recovery thereof. IMPACT is also not liable in the event of damage, loss, theft or disappearance of equipment, money or goods entrusted to the temporary worker.<\/p>\n

        The costs for any use of the user’s company telephone for personal purposes, any traffic fines incurred when using a company car, as well as specific company-related personal expenses such as the use of the user’s company restaurant, will be collected directly by the user from the temporary worker, without the mediation of IMPACT.<\/p>\n

        Article 16<\/strong>. The user cannot call on IMPACT’s temporary employment services in the event of temporary unemployment, strike or lockout in his company. In such cases, the user must immediately notify IMPACT in writing. The legally required withdrawal of temporary workers in these cases does not give rise to the payment of compensation by IMPACT to the user.<\/p>\n

        Article 17<\/strong>. Except with the prior written consent of IMPACT, the user may not:<\/p>\n

          \n
        • assign the temporary worker any task other than that for which he is made available, or those specified in the job description; more specifically, he may not assign him any handling of machinery, equipment, means of transport, goods, transport or collection of currency;<\/li>\n
        • the temporary worker may only carry out normal tasks; tasks that fall under specific legislation, such as unhealthy and dangerous tasks, above or below ground, are excluded.<\/li>\n<\/ul>\n

          Article 18. <\/strong>In the event of an accident at work involving a temporary worker, the user shall, after taking all urgent measures, immediately notify IMPACT and provide all necessary information for the preparation of a correct accident report.<\/p>\n

          In accordance with Article 94 ter, \u00a72, 2\u00b0 of the Welfare Act of 4 August 1996, the user’s prevention adviser shall investigate every serious accident at work involving a temporary worker and contact IMPACT’s prevention adviser, who will cooperate in the investigation and discuss measures to prevent similar accidents in the future. The user’s prevention advisor draws up a detailed report. The respective measures taken by the user and IMPACT on the basis of this report are added and signed by them on the report, which is sent by the user to the Federal Inspection Service within 10 days of the accident. If an external expert is appointed by the Federal Inspection Service, any costs incurred by this expert shall be borne by the user. The user shall be liable for the consequences of failing to provide information or providing incorrect, incomplete or late information in the context of an accident at work.<\/p>\n

          Article 19<\/strong>. The user is solely liable for the timely return of the signed customer contract and (the supervision of) the return of the completed and signed performance statements before the end of the working day following the last day of work for the temporary worker.\u00a0 Failure to do so will prevent the user from invoking the non-signing or non-return to the detriment of IMPACT. By returning the signed performance statements to IMPACT, the user acknowledges the accuracy of the services indicated and the performance of the work carried out by the temporary worker. This signature shall be provided immediately after the end of the work described on the relevant timesheet, so that the user does not in any way hinder the smooth and correct processing of the wage payment by IMPACT.<\/p>\n

          The user shall not dispute the validity of the signature on the timesheet<\/p>\n

          by an employee, appointee or representative of the user. In the case of automatic performance processing, the user always agrees to the performance data as transmitted to IMPACT by automated or electronic means. Only the user is liable for errors in the automatic transmission.<\/p>\n

          Article 20.<\/strong> Invoicing shall be based on the following elements:<\/p>\n

            \n
          • the services as stated on the service statements or as communicated electronically by the user, with a minimum of the hours requested by the user, except where fewer hours were worked due solely to the actions of the temporary worker and if the information obligation provided for in Article 7 of these terms and conditions has been fulfilled;<\/li>\n
          • if the performance statements are not received by IMPACT in time in accordance with Article 19, invoicing will be based on the work performed according to the temporary worker’s statement, with a minimum of the work provided for in the agreement;<\/li>\n
          • the agreed coefficient and\/or the agreed rate. This coefficient and\/or rate will be automatically increased by IMPACT in the event of an increase in direct or indirect employer’s contributions, as well as any other factors that determine the actual wage cost, including, but not limited to, an increase in the temporary worker’s basic wage as a result of wage indexation and conventional wage increases applicable at the user’s premises.<\/li>\n
          • A minimum of four hours per day will always be charged to the user. Each quarter of an hour started will be charged in full.<\/li>\n
          • For special services (such as overtime, shift work, night work, work on Sundays and public holidays, etc.), the temporary worker will be compensated in accordance with the applicable law and\/or collective labour agreement at the user’s premises. The wage supplement to be paid in this way will be invoiced to the user at the same coefficient as that applied to the temporary worker’s basic wage or used to calculate the rate.<\/li>\n
          • Any social security reductions and\/or BV discounts are in favour of IMPACT and form an integral part of the agreed coefficient.<\/li>\n
          • other written price agreements.<\/li>\n<\/ul>\n

            All amounts are subject to applicable VAT.<\/p>\n

            Article 21. <\/strong>Invoices are payable in cash at IMPACT’s registered office. Collection costs are entirely borne by the user. In the event of late payment of the invoice, interest on late payment in commercial transactions shall be payable by operation of law and without prior notice of default, in accordance with the Law of 2 August 2002. In addition, after written notice of default, a fixed compensation of 10% of the amounts due shall be payable, with a minimum of \u20ac150. If the user\/client can demonstrate that IMPACT has failed to fulfil its obligations and the user can prove this, the user\/client shall be entitled to equivalent compensation as provided for in this article and in accordance with Article VI.83.17 of the Belgian Labour Code.<\/p>\n

            The temporary worker is not authorised to collect our invoices.<\/p>\n

            Article 22.<\/strong> All complaints regarding invoices must be sent to IMPACT by registered letter with reasons within ten calendar days of the invoice date. After this period, any complaint will be inadmissible.<\/p>\n

            Article 23<\/strong>. In the event of late payment, bankruptcy, WCO or any event that jeopardises IMPACT’s claim, IMPACT reserves the right to unilaterally terminate the present agreement and\/or to demand payment of all outstanding invoices (even those that are not yet due) in full within 24 hours of registered letter, without the user being entitled to any compensation. Furthermore, the user shall fully indemnify IMPACT for any adverse consequences that IMPACT may suffer in this regard.<\/p>\n

            If a user fails to comply with their legal obligations or the special and general terms and conditions, as well as in the event of non-payment, IMPACT shall be entitled, without being liable for any compensation, to consider the current agreements terminated and to withdraw its temporary workers immediately. The user shall fully indemnify IMPACT for any adverse consequences that IMPACT may suffer in this regard.<\/p>\n

            Article 24. <\/strong>The user undertakes to inform IMPACT in advance and in writing of its intention to enter into an employment relationship with the temporary worker.<\/p>\n

            In the case of a recruitment and selection assignment, the client shall inform IMPACT of its findings regarding the introductory or follow-up interview with the proposed candidate within a reasonable period of time.<\/p>\n

            If the user enters into an employment contract with the temporary worker provided by IMPACT for the same or a different position before the end of a minimum period of 150 days worked, the user shall pay IMPACT a placement fee equal to 30% of the gross annual salary of the temporary worker concerned. The user and IMPACT consider that the aforementioned percentage is a reasonable estimate of the services provided by IMPACT.<\/p>\n

            The user shall also owe this fee if, after the end of the temporary assignment, the temporary worker enters into an employment relationship with the user, provided that less than six months have elapsed between the last day of the temporary assignment and the first day of the employment relationship with the temporary worker. Entering into an employment relationship with the temporary worker is understood to mean:<\/p>\n

              \n
            • the conclusion of an employment contract\/student contract\/interim contract with another party… by the user with the temporary worker;<\/li>\n
            • the provision of the temporary worker in question to the user by a third party (e.g. another temporary employment agency);<\/li>\n
            • the commencement of an employment relationship between the temporary worker and a third party, whereby the user and that third party belong to the same group, are parent or subsidiary companies of each other or are affiliated or associated companies, in accordance with Article 1:14 et seq. of the Companies and Associations Code;<\/li>\n
            • entering into a contract for services with the temporary worker or with a third party who has recruited the temporary worker for this purpose.<\/li>\n<\/ul>\n

              The term \u201ctemporary worker\u201d is understood to mean:<\/p>\n

                \n
              • the temporary worker selected by IMPACT who has been made available to the user under a temporary employment contract;<\/li>\n
              • the candidate temporary worker proposed by IMPACT to the user;<\/li>\n<\/ul>\n

                If, in the case of a recruitment and selection assignment, the client rejects a candidate proposed by IMPACT, or the candidate rejects an offer from the client, or the candidate is no longer available during the process, and within 12 months of IMPACT’s initial presentation of the candidate to the client, an employment contract is still concluded between the client and the candidate , the client is obliged to pay the full agency fee amounting to 30% of the gross annual salary.<\/p>\n

                Gross annual salary is understood to mean:<\/p>\n

                  \n
                • for a temporary worker who has already worked, the last applicable hourly wage x the average number of hours per week applicable in the user’s sector x 4.33 x 13.92;<\/li>\n
                • for a candidate temporary worker who has not yet worked, the hourly wage applicable at the user for the position in question (with a minimum of the user’s PC scales) x the average number of hours per week applicable in the user’s sector x 4.33 x 13.92;<\/li>\n
                • for a candidate within a recruitment and selection assignment: the monthly wage x 13.92, plus bonuses, variable remuneration, benefits of all kinds (car, telephone, PC, hospitalisation and group insurance, etc.)<\/li>\n<\/ul>\n

                  Article 25<\/strong>. IMPACT shall, for a period of 12 months following the conclusion of a recruitment and selection mediation assignment, refrain from approaching the client\u2019s employee(s) with the intent of mediating these employee(s) to another employer, unless the employee initiates such contact themselves.<\/p>\n

                  Article 26<\/strong>. In the event of unilateral termination of the temporary employment contract by the user, without early solicitation, the user shall, pursuant to Article 1226 et seq. of the former Belgian Civil Code, owe IMPACT a lump-sum compensation equal to the total amount of the invoices that IMPACT would have issued had the contract been fully executed, with a minimum of \u20ac125 per calendar day per temporary worker. This likewise applies in the event of nullity or dissolution of the contract between the user and IMPACT resulting from the user\u2019s failure to comply with legal obligations or from incorrect information provided by the user at the conclusion of the contract. IMPACT has the right to claim higher compensation provided it can prove the extent of the damage.<\/p>\n

                  In the event of unilateral termination of the recruitment and selection mediation contract, the client shall owe IMPACT a lump-sum compensation equal to the total amount of the invoices that IMPACT would have issued had the contract been fully executed. This likewise applies in the event of nullity of the contract between the client and IMPACT resulting from the client\u2019s failure to comply with legal obligations or from incorrect information provided by the client at the conclusion of the contract.<\/p>\n

                  Article 27<\/strong>. These general terms and conditions may not contain any deletions and take precedence over all others. Any reference by the user to their own general terms and conditions shall have no effect. A deviation from these general terms and conditions is only possible if agreed in writing. Deviations from the general terms and conditions included in an offer shall only become effective after the offer has been signed by the user.<\/p>\n

                  Article 28<\/strong>. These general terms and conditions are governed by and drafted in accordance with Belgian law.<\/p>\n

                  Article 29. Any dispute concerning the validity, interpretation, and performance of these contractual (special and general) terms and conditions shall be settled exclusively by the courts of the judicial district in which IMPACT\u2019s registered office is located.<\/p>\n

                  Article 30<\/strong>. The user\/client shall not recruit an employee of IMPACT to perform assignments for the client. If the user\/client violates this prohibition, they shall be liable to pay a lump-sum compensation of \u20ac50,000. The client and IMPACT consider this amount to be a reasonable estimate of the damage suffered by IMPACT. (14\/07\/2026)<\/p>\n\n <\/div>[\/vc_column][vc_column width=”1\/6″][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

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