Posted worker performing work in the facility of an employer

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    Several hypotheses can be distinguished:

    Either the posted worker is made available to an company established in Belgium by a foreign temporary employment agency.

    Or the foreign employer has work carried out by a posted worker in the facility of a Belgian employer.

    As a temporary worker

    During the period in which the temporary worker is working for the user, the user is responsible to the temporary worker for the implementation of the provisions concerning the well-being at work of the workers during the performance of their work to the extent described below.

    The user and, for certain items, the foreign temporary employment agency, shall complete the workstation sheet. The temporary employment agency keeps a copy and gives a copy to the temporary worker. The temporary employment agency checks whether the temporary worker has been declared fit for the job or function concerned.

    If a health assessment is necessary before starting work, or if the validity of the fitness for work has expired, the temporary employment agency shall provide the temporary worker with an " implementation for workers’ health surveillance" form for the attention of his prevention advisor/occupational physician. If agreed with the temporary employment agency, the health assessment can be carried out by the prevention advisor/occupational physician of the user's internal or external service to which it is affiliated, as the case may be.

    The legislation organises the cost of applying well-being legislation to temporary workers: the temporary work agency is liable for a flat-rate contribution to the Social Fund for Temporary Workers.

    There are certain circumstances that prohibit the employment of temporary workers.

    A collective agreement imposes additional obligations on the temporary employment agency to inform the worker.

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    As a worker of the foreign employer

    The legislation organises the exchange of information, collaboration and coordination between the employer and the contractor (or his subcontractors) so that the risks inherent in the employer's activity can be taken into account when the contractor intervenes in his establishment. The legislation provides the legal means for the employer to ensure that the necessary preventive measures are taken by the contractor.

    It is possible that the contract between the foreign contractor and the Belgian client will stipulate that the foreign contractor's workers will be examined by the client's external service and that the costs will be reimbursed.

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