Privacy policy
Hays Specialist Recruitment nv and IOS Select bvba are recognized by the Ministerie van de Vlaamse Gemeenschap (Ministry for the Flemish Community), respectively as a job agency and as an agency for private job mediation (selection office) (no. VG.292/U & VG.273/B).
Authorised by this recognition we have approved the text containing the applicant's rights. You can find the full text below.
Should you have questions or comment, please do not hesitate to contact us.
Text containing the rights ? Appendix to the ministerial resolution as to execution of the articles 7, §5 and 13, second paragraph of the decree of 13 April 1999 with respect to private job mediation in the Flemish urban district.
1. Under no circumstances may the agency stipulate or receive a fee from the employee.
2. The agency must treat all people involved in an objective, respectful and non-discriminating way and may not constitute or publish advertisements for personnel that may give cause for discrimination.
3. The agency must respect the privacy of the employees and only ask for and use private information with the permission of and in the interest of the employee, within the framework of professional employment and taking into account the regulations with regard to processing personal data and the free movement of those data.
4. The agency must allow the client and the employees inspection with regard to their filed data and, on request, must send them a copy of their file after termination of the assignment.
5. The agency may only ask for and use information concerning the client and the employees within the framework of the mediation activities.
6. The agency must provide client and employee with accurate, timely and complete information on the mediation activities and on the nature of the employment.
7. Personality research and psychological tests may only be carried out by or under responsibility of a psychologist.
8. The agency may not mediate for vacancies when there is no realistic job supply.
9. The agency may not engage in activities that lead to employment contrary to public order or of which the agency may clearly determine that they constitute violation of social and tax legislation.
10. The agency may not engage in mediation activities in so far as these are connected to a strike, exclusion or suspension of a employment contract, as a result of bad weather or for lack of employment due to causes of economy.'
11. I I. The agency may act as an intermediary for employees of foreign nationality in so far as regulations with regard to employment of foreign labour force are complied with.
12. The agency may not take the place of the client in a decision of recruitment or dismissal or in such negotiations.
13. The agency may under no circumstance be situated in licensed premises or in an appurtenance of such premises.
Should the agency be situated in a commercial establishment, it must be accessible through a separate entrance without the help of the trader or a person appointed by him.
- cf. the Act of 8 December 1992 to the protection of privacy with regard to the processing of personal data and the Act of 11 December 1998 for the conversion of guideline 95/46/EG of 24 October 1995 of the European Parliament and the Council with regard to the protection of natural persons with respect to the processing of personal data and the free movement of such data.
- With respect to temporary workers this stipulation is only valid concerning the selection file. It is not valid for the staff file.
14. The recognition of an agency may be withdrawn, after an advice by the advisory committee, if the agency defines the condition that it has to act as an intermediary at every new mediation in the case of people for whom the agency has acted as an intermediary before (prohibition of exclusivity clause).
15. Mediation agencies for show artists and paid sportsmen may only receive honorary wages, commission wages, contributions, entrance fees or subscription fees, below to be indicated by the word "commission". This commission may be received within the limits determined below. The commission is stipulated in an agreement between the agency and the client. It is either a percentage of the employee's gross total income or a fixed amount. The employee receives a copy of this agreement.
- With regard to the mediation on behalf of show artists, the commission is a maximum of 25 % of the payment the show artist will receive for his performance.
- With regard to mediation on behalf of sportsmen the commission is a maximum of 7% of the paid sportsman's total gross year income to be expected.
16. Every agency must be recognised beforehand. The agency engaging in activities of placement, outplacement, employment mediation on behalf of sportsmen or on behalf of show artists, must dispose of a separate recognition for these purposes.
17. The agency must make mention of the code number in advertisements and in correspondence.
18. The agency is obliged to present this text to interested parties or to paste it up in extenso in a place where it may be read best.
19. Agencies engaging in activities of publishing employment offers through written, audio or visual media (TV, newspapers, internet, radio, etc.) are obliged to publish this text in full via the medium involved or they must explicitly mention the location (e.g. internet address) where above-mentioned text is available. This text must be made available for free by the agency by means of a simple request.
20. The agency is obliged to agree with and observe the code of conduct. The code of conduct is an integral part of this text containing the rights.
Complaints may be filed with the complaints bodies of the respective professional federations or with the joint consultative body of the sector involved, if this body makes use of a complaints procedure declared equivalent by the minister. If there is no equivalent complaints procedure, complaints may be field in written form (I Markiesstraat, 1000 Brussels), by telephone (02/553.3 1.11) or by email (arbeidsmarktbeleid@vlaanderen.be) with the Afdeling Migratie en Arbeidsmarktbeleid (Department of Migration and Labour Market Policy) In order to be admissible complaints must be motivated and must describe the alleged violation in a clear way. The applicant must state his identity data in an explicit way. The anonymity of the applicant is guaranteed.
