You are here:
08 June 2018 / article

Flemish Decree introduces temporary work for Flemish public services

Although many Flemish authorities regularly rely on temporary workers, a decree of 27 April 2018 (published on 16 May 2018) has now finally authorized Flemish public services and local authorities to do so.

Flemish Decree introduces temporary work for Flemish public services

Temporary work may be relied on for several purposes, the most important of which are:

-           The temporary replacement of both civil servants and staff members under contract;

-           A temporary increase of work;

-           The performance of exceptional work

Temporary work for the purpose of “inflow” (allowing the employing entity to test the temporary worker, with the aim of offering permanent employment following a positive evaluation) has been excluded from the scope. The obligation to offer permanent employment outside the framework of the traditional recruitment processes is considered incompatible with the principle of equality for contractual hiring in the public sector.

For each of the purposes for which temporary work is authorized, a maximum period of 12 months applies, including extensions. 

The representative organizations of employees must be informed in advance of the employment of the temporary workers. 

The Decree is welcomed in the temporary agency sector and by the public services, who have long been operating in a “grey” area.

Contracts with the temporary agencies generally fall within the scope of the rules on public procurement. Therefore, authorities must in principle follow a tender procedure when awarding these contracts.

 

Our employment and public procurement law specialists would be happy to assist with your questions on this new legal framework or in relation to your participation in a public procurement procedure for temporary work contracts.



Man in costume holding a white pen to sign a paper

Impact of the new Belgian Code of Companies and Associations on the signing of your tenders

The new Belgian Code of Companies and Associations (the “BCCA”) is in full force and applicable to all Belgian entities since 1 January 2020. One of the novelties... read more
Red push pin marking day 12 on a calendar

Social elections 2020: watch out for the start of the occult period

With the holiday’s over, it's time to be aware of the next important date in the pre-election process, namely day X-30, the start of the occult period, on 12... read more
Valentijn De Boe and Olivier van der Haegen

Two new partners at Loyens & Loeff Belgium

Valentijn De Boe and Olivier van der Haegen have been appointed as local partners at Loyens & Loeff in Belgium with effect from 1 January 2020. Valentijn is... read more
Stay informed

Don't miss out. Stay up to date about our latest news and events.

Stay informed