General Terms and Conditions of Use (GTCU) for Employers

1. Contracting Parties

Workers.be, with registered office at Rue des Ursulines 2,1000 Bruxelles, Belgium, registered in the Brussels Register of Legal Persons, with company number and VAT number BE 0456.681.542.

By using the Workers.be platform, the Employer accepts these General Terms and Conditions of Use (GTCU), as well as our Privacy Policy and our Data Protection Charter.

2. Definitions

Workers.be: Web platform and/or mobile application that puts employers and candidates in touch with each other.
Employer: Company or recruiter using the platform to publish job offers/assignments and contact candidates.
Candidate : Platform user looking for a job/assignment.
User: Any person with access to the Workers.be platform, whether an employer or a candidate.

3. Description of the services

Workers.be provides Employers with a platform enabling them to :

Publish detailed job offers/assignments, including job descriptions, skills required and working conditions.
View the profiles of candidates registered on the platform.
Contacting candidates for professional opportunities.
Manage an employer space to track applications and interactions with candidates.

4. Nature of the contractual relationship

Workers.be acts as an intermediary between employers and candidates. The platform is not involved in the negotiation, conclusion or performance of employment contracts. Workers.be is not responsible for the relationship between employers and candidates, nor for the conditions of employment/assignment offered.

Workers.be cannot be considered as a party to the agreement between the Employer and the Candidate, and cannot be bound in any way whatsoever by the commitments entered into within the framework of this agreement.

Neutrality of Workers.be in Negotiations

Workers.be acts exclusively as a platform for bringing together employers and job seekers. Workers.be is not involved in negotiating the terms of employment, including remuneration packages, benefits and contractual terms.

However, in order to facilitate exchanges and optimise the match between the parties’ expectations, Workers.be may provide:

General information on labour market trends, including current pay levels for certain functions and sectors.
Aggregate data from the platform on candidates’ expectations in terms of salary, benefits and working conditions.
Neutral advice on good recruitment practices and changing remuneration standards.

This information is provided for information purposes only and in no way constitutes a contractual recommendation or a guarantee of specific conditions. The Employer and the Candidate remain solely responsible for negotiating and concluding their agreement.

The Employer acknowledges that Workers.be is not a recruitment agency, temporary employment agency or any other type of employment/assignment agency.

Workers.be is completely independent of the Employer and the Candidate.

In no event shall Workers.be be deemed to be an employer, agent or subcontractor of the Employer or Applicant, nor shall the Employer or Applicant be deemed to be an employee, subcontractor or agent of Workers.be in the performance of the Agreement between the Users.

In no way does Workers.be interfere with or control the quality of the Applicant. Similarly, Workers.be has no control over the following (this list is not exhaustive):

the identity, quality, competence, solvency or legal status of Users;
the nature and legality of the work carried out by Users;
the reliability, relevance, intellectual, technical or practical skills of Users;
the negotiation, content, conclusion and performance of a Service; and
the accuracy, completeness and legality of the information provided by Users.

Lack of quality control and operation of the matching system

Workers.be does not exercise any quality control over jobseekers’ applications or the offers published by employers. The platform does not check the accuracy of the information provided by users and does not guarantee a perfect match between profiles and job opportunities.

However, Workers.be offers a matching tool based on artificial intelligence (AI) which analyses the information provided by candidates and employers, as well as, where applicable, data extracted from LinkedIn profiles or any other similar current or future platforms, in order to :

Suggesting job opportunities suited to the skills and experience of job seekers.
Offer employers candidates who match the criteria set out in their offers.

Matching is based on algorithmic models and available data, without direct human intervention. It is up to employers and candidates to check the relevance of the proposals and make the final recruitment decisions.

5. Platform user licence

Workers.be has developed an online platform whose main functionalities enable companies to publish job offers/assignments, browse the profile database, manage applications and interact with job seekers/assignments.

Workers.be hosts and manages the data processed on the platform, offering its services in the form of a web solution accessible without local installation on the user company’s premises.

5.1 Purpose of the licence

By signing the offer and/or the Contract, and upon payment of the fee set out in the Contract and compliance by the Employer with all of its contractual obligations, Workers.be grants the Employer, from the effective date and for the duration of the Contract, a personal, non-exclusive, non-transferable and fully revocable licence to use the Workers.be platform.

Workers.be does not guarantee the reliability, performance or applicability of the platform or that it will meet the Employer’s specific requirements.

The licence granted is solely for the Belgian territory and for the purpose of putting Employers and job seekers in contact with each other.

The licence includes access to the following services:
a) The Workers.be Web Interface, allowing the Employer to publish job offers/assignments, manage applications, and access candidates’ profiles.
b) Management functionalities, including tools for filtering applications, organising interviews and receiving notifications of matches.

The licence is granted for a number of users defined by the Employer, including :
a) The “Number of Recruiters”, i.e. the maximum number of users who can manage offers and consult applications. The Employer may add or delete recruiters as it sees fit.
b) The “Number of active offers”, defining the maximum number of job/assignment advertisements that can be published simultaneously on the platform.

The Employer understands and accepts that Workers.be uses third party providers and hosting partners to provide the technical infrastructure necessary for the operation of the Platform. Workers.be makes no warranties about these third party services.

The Employer acknowledges and accepts that Workers.be has administrator access to all parts of the platform and the data processed therein, in particular for the purposes of maintenance, account management and technical support.

5.2. Support

Technical support is provided mainly by CSM. This support is made available to Employers as assistance and does not constitute a guaranteed contractual right. Workers.be will endeavour to respond to requests as quickly as possible, without any obligation to achieve results.

5.3. Intellectual property rights

Workers.be is and remains the owner of the platform, including the tools, functionalities and layouts developed for the Employer. This agreement does not imply any transfer of intellectual property and does not confer any additional rights on the Employer.

The Employer is only granted a temporary, non-exclusive, personal and individual right of use of the Workers.be platform, without any right of reproduction, modification, distribution or transfer to third parties, except with the prior written consent of Workers.be.

6. Duration and termination

This contract comes into force on the day of signature of the offer or of these Workers.be General Terms and Conditions of Use.

Unless otherwise stipulated, the contract is concluded for an indefinite period and may be terminated at any time by either of the Parties, by registered letter, subject to a minimum notice period of three (3) months.

Either party has the right to terminate the contract immediately, without being liable for compensation, by written notice to the other party, if :

The other party flagrantly and irreparably breaches any of the provisions of the contract or, if the breach is not irreversible, fails to remedy the situation within seven (7) days of receipt of a formal notice sent by registered post setting out the details of the breach and requesting that it be remedied;
The other party continually breaches one or more provisions of the contract;
The other party goes into liquidation or bankruptcy;
The other party ceases or threatens to cease its commercial activities.

In the event of immediate termination by the Employer outside of these situations or by Workers.be as a result of the Employer’s misconduct, the Employer shall owe Workers.be compensation in lieu of notice equal to the sum of all compensation due under this Agreement during the last three (3) months prior to termination. This compensation is due immediately.

7. Pricing of Services

Access to the Workers.be platform is subject to a fee for Employers, as follows:

Unlimited access to the profile database: monthly or annual fee.
Publication of an advertisement: pricing per unit or in the form of packs.
Success fee on recruitment of a permanent profile: commission on the gross annual salary of the candidate recruited.
Mark-up on the daily fee of an external consultant: for temporary or consultancy assignments.

The applicable rates are available on the platform or communicated on request.

8. Billing

8.1. Amounts due

The amounts payable by the Employer are detailed in the accepted offer, which serves as an order form.
All amounts are expressed in euros, exclusive of VAT and any other taxes.

8.2. Activation and subscription fees

Subscriptions and recurring services: subscription fees for the platform and other selected services (access to the database, publication of ads, success fee, etc.) are invoiced on a monthly basis or according to the terms defined in the offer. Any month started is due in full.
Payment terms: unless otherwise stipulated, all invoices are payable within 30 days of the date of issue.

Any dispute relating to an invoice must be sent in writing by registered post to the Workers.be head office, within 8 calendar days of the date of issue of the invoice. After this period, the Employer may no longer dispute the invoice.

8.3 Rate indexation

The recurring costs indicated in the offer or order form (hereinafter referred to as the “basic fee”) are indexed annually on 1st January according to the following formula:

New allowance = basic allowance x (new index / basic index)

Where:

Base index = consumer price index for the month of December preceding the entry into force of the contract.
New index = consumer price index for December of the year preceding the indexation date.

If the aforementioned index decreases, the indemnities will never be lower than the amounts due for the previous year.

8.4. Terms of payment and penalties

Unless otherwise agreed, the Employer will make payments by SEPA Direct Debit (CORE European Direct Debit Mandate), allowing Workers.be to automatically collect the invoiced amounts.

Any amount unpaid on the due date will be increased, ipso jure and without prior notice, by a flat-rate penalty of 10% of the outstanding balance, as well as late payment interest at the rate stipulated by the law of 2 August 2002 on combating late payment in commercial transactions.

Any default in payment, request for deferment or sign of insolvency will result in the immediate payment of all sums due, as well as the expiry of any period of payment granted. In such cases, Workers.be may, without further formality than notification by registered letter :

Suspend access to the platform until all amounts due have been paid.
Terminate the contract immediately, without compensation to the Employer.

If Workers.be continues to grant access to the platform without direct debit (without any obligation on its part), it reserves the right to increase its rates by 10%.

9. Obligations of the Employer

By using Workers.be, the employer undertakes to :

Provide accurate, complete and up-to-date information when publishing job offers/assignments.
Respect the rules of conduct on the platform, in particular by avoiding any behaviour that is discriminatory, offensive or contrary to public decency.
Not to use the platform for illegal or fraudulent purposes.
Protect your login details and do not share your account with third parties.
Comply with current legislation on recruitment and the protection of personal data.

Furthermore, the Employer undertakes to behave in a respectful and appropriate manner towards the users of the Workers.be platform.

The Employer is strictly prohibited from engaging in any conduct :

Racist, discriminatory, offensive, hurtful or threatening;
Contrary to public decency or public order ;
May damage the image or operation of Workers.be ;
In breach of applicable laws and regulations, particularly in terms of tax, social security, employment/assignment, training and safety.

Workers.be reserves the right to delete, edit, reduce or modify unilaterally and without prior notice any information or content published on the platform deemed to be contrary to these principles.

Workers.be also reserves the right to suspend or restrict the Employer’s access to the Platform and Services in the event of any breach of these provisions.

10. Liability of Workers.be

Workers.be endeavours to keep the platform accessible and functional, but does not guarantee :

The accuracy, quality or legality of candidates’ profiles.
Uninterrupted availability of the platform.
The conclusion of an employment contract between the employer and a candidate.

In no event will Workers.be liable for any indirect or consequential damages, such as loss of opportunity, financial loss or claims of third parties.

11. Confidentiality

Each party acknowledges that, in the performance of this Agreement, it may receive or have access to proprietary and confidential information of the other party (“Confidential Information”).

Each party undertakes to :

Preserve and guarantee the confidentiality of Confidential Information at all times.
Ensure the security and protection of this information against theft, misuse, loss or unauthorised access.
Not to use, disclose, exploit, copy or modify this information without the prior written consent of its owner, except strictly in the context of the performance of this contract.
Not to allow third parties access to Confidential Information without prior written consent.

This confidentiality obligation continues to apply after termination of the contract.

12. Changes

The Workers.be Platform is provided “as is” and “as available”. Workers.be does not warrant that any defects or errors will be corrected immediately.

Workers.be reserves the right to modify, at its discretion, any part of the platform and its components, including :

The web interface and its functions.
Services for employers and candidates.
Terms and conditions of access to services, including authorisations and levels of control.
Technical infrastructure, including server migration or change of hosting provider.
The general terms and conditions of use in order to comply with legal, technical or regulatory requirements.

Employers will be informed of any substantial changes via the platform or by email. If the Employer refuses these modifications, it may terminate its contract in accordance with the provisions of Article 6.

13. Duration and termination

The employer may terminate its account at any time by deleting its profile via its account settings. Workers.be reserves the right to suspend or terminate an employer’s account in the event of a breach of these TOU.

14. General provisions

Workers.be has the right to unilaterally modify these terms and conditions at any time.
If any provision(s) of the TOS is (are) deemed or declared invalid by any law or by the final judgment of any court of competent jurisdiction, the remainder of the TOS shall not be affected or impaired in any way. Workers.be undertakes to replace the invalid provision with a new provision which achieves as far as possible the original objectives of the invalid provision.
The invalidity or unenforceability of any provision or clause of this agreement shall not result in the invalidity or unenforceability of the whole of these GCU. If the validity or enforceability of any provision of these GCU is impaired or seriously threatened, workers.be shall take all measures reasonably necessary or desirable to ensure that such provisions remain legally in force, or to replace the provision concerned by another provision which, from an economic point of view, has substantially the same effects for all parties, unless the invalidity or unenforceability of the provision or clause removes the cause or undermines the balance of the contract.

15. Applicable law and competent court

These GCU are governed by Belgian law. In the event of a dispute, the courts of the district of Brussels shall have jurisdiction.