Bosgoed Business Projects

Consequences of the provision allowed
During the period available to authorized, the contract of employment between the worker’s employer shall continue to have effect, but the user becomes jointly and severally liable to pay social security contributions, salaries, allowances and benefits that result. These salaries, allowances and benefits may in no case be less than those enjoyed by workers performing the same functions within the business user.

Although the user is not the employer of the worker who is placed at its disposal, it is still the guarantor of the implementation of legislation and regulations for labor protection applicable in the workplace (time work, holidays, Sunday rest, night work, work rules, health and safety at work …).

Penalties for making available to unauthorized or comply with legal

Civil penalties
The contract under which the worker was hired to be available to a user in violation of Article 31 § 1 of the Act is available to draw from the beginning of the implementation of work at it.

When a user has work performed by workers at its disposal in violation of the provisions of Article 31 § 1 of the Act be made available, the user and these workers are seen as engaged in links a contract of indefinite duration at the beginning of the work. These workers, however, can terminate the contract without notice or compensation. This right may be exercised until the date that they made available to the user would normally have ended.

The user and the person providing workers available to the user in violation of Article 31 § 1 of the Act are available to severally liable to pay social security contributions, salaries, allowances and benefits arising from the employment contract of the worker.