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Modernization of temporary agency law

Country of implementation
Belgium
General short description of the innovation
The Belgian legislation on temporary agency work has been modified on several domains. The key changes are: / / (1) New justification for using temporary agency workers: Employers will be allowed to use temporary agency workers on a ?try and hire? basis with a view to permanent recruitment. / (2) Regulation on the use of daily contracts: the use of daily contracts is permitted only when firms can prove the ?need for flexibility? offered by such contracts (volume of work fluctuates or depends on external factors, etc.) / (3) Obligations to consult and inform representative bodies with regard to temporary work: every six months (number of agency workers it employs, their working hours and the reasons for their employment on temporary contracts, etc.) / (4) Phasing out of the 48 hour-rule: The 48 hour rule set a time limit of two working days after an employee?s arrival in the workplace for an employment contract for temporary work to be signed. To prevent abuse, a working agreement must now be signed before a worker starts a job. /
Target group
Total Population
Policy Field
    Type of Policy
    • public
    Duration of the policy
    The modernization of temporary agency work legislation was decided upon in the Collective bargaining Agreement no. 108. These rules came into force on 1st September 2013.
    Scope of innovation
    • Scope: Structural
    • Number of intended beneficiaries: Year Temporary Agency Workers in Belgium 2008 382.607 2009 326.103 2010 359.427 2011 378.730 * excluded job students www.federgon.be
    • Spatial coverage: national
    General description of (intended) objectives and strategies
    The modernization of the temporary agency work legislation aims at improving the rights of temporary agency workers and allows for a more flexible use of temporary agency workers. / / It is also an attempt to align the temporary agency work legislation with the current practices and prevent abuse of the system. In practice, a lot of businesses in Belgium have been using temporary agency work as a recruitment channel, with the agency period serving as the probation period. It is often a way for employers to identify the skills of potential new employees and for temporary workers to get to know the working place. /
    Type of ideal-typical strategy for the innovation
    • encompassing security
    • others (contra-dualisation)
    Type of innovation
    • new policy, practice or measure
    • retrenchment or expansion of an existing/earlier policy
    New outputs
    • regulations of the labour market
    Intended target group
    Temporary agency workers
    Working age population
    • main source of income: paid work
    Employers-private institutional actors
    temporary work agencies
    Actors involved in policy-making/implementation and/or evaluation
    • employees (organised or individual) (The modernization of temporary agency work legislation was decided upon in the Collective bargaining Agreement no. 108)
    • employers (organised or individual) (The modernization of temporary agency work legislation was decided upon in the Collective bargaining Agreement no. 108)
    Intended output
    • regulation of the labour market
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