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Belgium Law Changes – Think 3-6-9

Mackenzie Best

As a result of these laws, several changes were enacted on 1 July 2013 with others taking effect later this year. For the purpose of this post, we will focus on one of the changes.

The key term you need to know is “inflow.” 

A new justification (“motif”) for using temporary workers is now introduced and regulated – this motif is called “inflow.”

In Belgium, temporary staffing is allowed when you are replacing a permanent employee; accommodating a temporary workload and/or the delivery of exceptional work. They are also allowed to accommodate the delivery of an artistic performance like a music festival or as a participant in the IBO Interim program.

An IBO interim is temporary work for an individual who needs vocational training. This is designated for a maximum of 8 weeks temporary work followed by an IBO for the same employer. IBO workers can only be older than 50, with a work disability or a person of immigrant origin.

What is the 3-6-9 rule?

Now there is a new allowable reason: inflow. While you can use the new motif “inflow” to engage temporary workers there are limits. The best way to remember this is by “The 3-6-9 rule”.

  • A maximum 3 temporary employees supplied by a third party per vacancy in total
  • A temporary staff has a maximum tenure of 6 months
  • Maximum tenure for the vacancy cannot exceed 9 months

The Workers counsel does not need to approve a temporary requisition, but they must be notified. Every 6 months the worker counsel or work committee will be informed of the number of temp staff, the period of activity, and inflow motivation.

It is important to make sure that your program is compliant with these legislative changes. If you have questions or want to learn more about these changes feel free to reach out to us for more information. We will continue to share other parts of these changes in future postings.

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