Temporary employment agencies offer temporary employment positions. They must obtain a licence in order to do so. Temporary work is authorised only for performing a temporary job. Temporary work is possible only under certain circumstances authorised by the law.
The licence provides workers and employers who use these agencies with guarantees of competence, solvency and fiscal and social legality.
Forms (apply for licensing and activity report) are only available in French.
Temporary employment agencies.
How to obtain a licence as a temporary employment agency
Agencies must complete the application form for temporary work agencies.
Submitting the application
The licence application must be submitted online via Mon Espace. To do so, click on the “Application for a license or renewal of a licence for temporary employment agencies” form below and authenticate using one of the proposed methods.
Required supporting documents
In addition to the form, several documents must be attached to the licence application:
- the company’s articles of association (or the draft deed if the agency is being set up)
- the latest accounts and balance sheets (or a 3‑year financial plan if the agency is being set up)
- the agency’s organisational chart
- the financial guarantee certificate or certificate of equivalence issued by the Social Fund for Temporary Workers in Belgium (see below)
Certificate from the Social Fund
To obtain this certificate, Belgian agencies must provide a financial guarantee of €75,000 to the Social Fund.
For foreign agencies, it is possible to request a certificate of equivalence for the financial guarantee established in the agency’s country of origin. The Social Fund will then attest that the guarantee is also valid for Belgium. If no equivalence can be certified, the agency must constitute a financial guarantee of €75,000.
For any questions regarding the certificate, you can contact the Social Fund for Temporary Workers in Belgium:
Avenue du Port 86c/300, 1000 Brussels
Tel. +32 2 203 60 95
info@sfu-fsi.be
www.fondsinterim.be
Access to the Professional Space
Individuals wishing to access their company’s Professional Space on Mon Espace must have a Belgian identity card or a card compatible with an electronic authentication recognised at European level.
The Primary Access Manager (GAP) may complete the form himself or designate another person by following the prescribed procedure.
Documentation is available in the Help Centre of Mon Espace.
If the GAP does not have a compatible card
If the GAP does not possess a card compatible with EU‑recognised authentication, the agency must contact the administration clerks listed in the Contact section below.
Simplified procedure for agencies already licensed in another Region
A temporary employment agency already licensed in another Region of Belgium may benefit from a simplified procedure and obtain an exemption from licensing.
The request for exemption is made using the same licence application form.
Processing the application
Licence applications undergo an initial completeness check by the Administration. Complete files are then forwarded to the Consultation and Dialogue Committee for employment issues for an opinion.
The final decision to grant or refuse the licence is made by the competent Minister of Employment.
If approved, the temporary employment agency receives an licence number valid for two years.
At the end of this period, licence may be renewed for an unlimited duration. To do so, the agency must submit a renewal application a few months before the expiry date, following the same procedure described above.
In Wallonia, employment agencies must obtain authorisation in order to be able to carry out activities as a temporary employment agency. This means giving workers and employers using these organisms guarantees of competence, solvency and fiscal and social legality. Prior to the granting of this authorisation, temporary employment agencies must meet the requirements of the Social Fund for temporary workers.
The obligations of licensed temporary employment agencies:
• to include the contact details of the administration in all contractual documents sent to workers or employers
• to include the licence number in all communication
• to not accept or request any payment from workers, or require workers to pay fees of any kind as a condition for the provision of temporary employment services
• at the request of the job-seekers using the services of the licensed temporary employment agency, to provide a declaration indicating the date and time of their visit to the temporary employment agency
• to provide sufficient training for their employees and check that these employees comply with the current regulations
• to not collaborate with unlicensed temporary employment agencies
• to notify the administration of the cessation of its operations
• to submit an annual report that includes information on the licence conditions as well as data contributing to the transparency of the regional labour market (the form is available only in French).
Certificates to be provided:
For foreign companies:
A certificate from the social fund for temporary workers stipulating that the agency has fulfilled its obligations regarding the payment of a guarantee based on a similar guarantee system and regulated in the native country.
Contact the social fund for temporary workers in Belgium: Avenue du port 86c/300, 1000 Bruxelles, Tél. 02 203 60 95, info@sfu-fsi.be - www.fondsinterim.be
For Belgian companies:
A certificate from the social fund for temporary workers stating that the agency has fulfilled its obligations regarding the payment of the first installment of the financial guarantee.
Contact the social fund for temporary workers in Belgium: Avenue du port 86c/300, 1000 Bruxelles, Tél. 02 203 60 95, info@sfu-fsi.be - www.fondsinterim.be.
The agency that does not respect its obligations is subject to sanctions.
