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worker provisioncleaning clientemployer authoritysubcontractingjoint liability

At client: avoid illegal worker provision

RecommendationVerified

A cleaning client cannot freely exercise employer authority over workers. Define in the service contract what instructions it can give.

Client instructions relating to wellbeing and safety are permitted. Other instructions must be explicitly detailed in a written agreement with the provider and cannot undermine its employer authority. Practice must respect this agreement.

The user must inform relevant negotiating bodies and provide, on request, the part of the agreement concerning instructions. Royal decree of July 17, 2013 organizes this information under article 31 of the law of July 24, 1987.

Illegal worker provision can create a permanent contract between the user and workers from the start of services. The user and provider are jointly liable for contributions, wages, indemnities and benefits concerned. For recruitment, clearly identify the employer and line manager.