Hiring a temp worker: a step-by-step guide for employers

Peak season. Two employees off sick. And that one big order landing right now. You need extra hands, and you need them fast. Sound familiar? For many Belgian employers, this is the moment they first start thinking about hiring a temp worker.

And that's when the questions start. Which reason do you have to give? How long can that temp worker stay? What goes into a workstation sheet (the mandatory document listing the job's risks)? And how much is this actually going to cost you?

In this article, we walk you through the entire process. From the legal reasons to the day-to-day obligations, from calculating the cost to the pitfalls you'd rather avoid as an employer.

What does hiring a temp worker actually mean?

Let's start with the basics. When you hire a temp worker, you don't, in the legal sense, work with that person directly. The temp worker has an employment contract with the temp agency. You are the "user": the party where the temp worker actually does the work.

That distinction matters. Because even though the temp agency is the employer on paper, you as the user still carry a whole range of responsibilities. Think workplace safety, working hours and equal treatment. We'll come back to that shortly.

The legal basis? The Act of 24 July 1987 on temporary work, temporary agency work and the hiring-out of workers to users. It sounds dry, but its content affects you directly as an employer.

The four legal reasons for hiring a temp worker

This is where it gets legal. Not boring-legal, but important. Because you can't just take on a temp worker on a whim. Belgian law requires you to have a valid reason. There are four of them, and each reason comes with its own rules.

1. Replacing a permanent employee

Your permanent employee is absent. Illness, maternity leave, time credit (a scheme that lets employees temporarily reduce or pause their working hours): it doesn't matter which. You may hire a temp worker to replace that person temporarily.

The duration? For as long as the replacement is needed, in principle. But there are exceptions. Was the permanent employee dismissed with a notice period or for serious cause? Then replacement through temporary agency work is limited to six months after the end of the employment contract.

An important detail: you may not bring in a temp worker to replace someone who is absent due to economic unemployment or bad weather. Logical when you think about it. The legislator wants to prevent employers from parking permanent staff while bringing in temps in the meantime.

2. A temporary increase in work

This is the reason most employers use. A busy period, a seasonal peak, a big project. You temporarily need more people than usual.

The maximum duration depends on the procedure you follow:

• Without a union delegation in your company: you may hire a temp worker for a maximum of six months, extendable by another six months
• With a union delegation: the union delegation must be consulted in advance. The duration is set by mutual agreement

Once the maximum term is up, you can't simply invoke the same reason again for the same role. There has to be a genuine interruption.

3. Exceptional work

This reason covers activities that fall outside your normal business operations. Think stocktaking, preparing for a trade fair, a relocation or handling an exceptional order.

The law defines fairly specifically what counts as "exceptional work". It concerns activities that don't belong to the ordinary day-to-day operations of your company.

4. Inflow (with a view to permanent hiring)

This fourth reason is relatively new and steadily growing in popularity. You hire a temp worker with the explicit aim of taking that person on permanently afterwards. Essentially an extended job interview, but on the shop floor.

The rules are clear:

• Minimum duration: one week
• Maximum duration: six months
• A maximum of three consecutive contracts for the same role
• The reason "inflow" must be explicitly stated in the contract

In our experience with thousands of temporary workers, we see that this reason appeals to more and more employers. You genuinely get to know someone in practice, without immediately offering a permanent contract. Honestly? That lowers the risk on both sides.

We previously wrote a comprehensive guide to temporary agency work in Belgium that discusses all the reasons in even more detail.

Step by step: hiring a temp worker

Okay, you know which reason applies. So how does the process actually work?

Step 1: choose a temp agency

Not all temp agencies are equal. Some specialise in specific sectors (construction, hospitality, logistics), others offer a broad range. Always check whether the agency is licensed by the Belgian region where you operate. Without a licence, a temp agency simply isn't allowed to operate.

Compare the coefficients too. The difference between agencies can run up to 20% or more, depending on the volume and duration of the assignments.

Want to know more about what you pay? Our article on the costs of a temp agency lays it all out clearly.

Step 2: draw up the workstation sheet

This is a step many employers underestimate. But it's a legal requirement.

The workstation sheet describes which risks are tied to the workstation, which protective equipment is needed and whether mandatory health surveillance applies. You have to provide this sheet to the temp agency before the temp worker starts.

What must it contain?

• A description of the workstation
• The required professional qualifications
• The specific risks tied to the role
• Whether health surveillance is mandatory
• Which personal protective equipment is needed

The FPS Employment and Prevention and Interim (P&I) provide standard templates. Use them. It saves you time and makes sure you don't forget anything.

Step 3: Dimona declaration

The Dimona declaration (the immediate electronic notification of employment) must be filed before the temp worker's first working day. Normally the temp agency handles this, since they are the legal employer. But check it. If the declaration isn't made, or is made too late, you as the user risk getting caught up in the problem too.

Want to know more about the procedure? Read our article on the Dimona declaration for temporary workers.

Step 4: onboarding and guidance

Your temp worker has arrived. Now your responsibility really begins. The law requires you to:

• Inform the temp worker about the risks at the workstation
• Give specific safety instructions
• Provide suitable training where needed
• Check medical fitness (via the workstation sheet and health surveillance)

This isn't a formality. A good onboarding means your temp worker becomes productive faster. And it protects you legally if something goes wrong.

Step 5: day-to-day management

During the assignment, you give the instructions, not the temp agency. You set the working hours (within the framework of your work rules), the tasks and the way the work is done. The temp agency handles pay and administration.

At Recruit, we've processed thousands of temporary agency contracts over the years. What we see time and again: employers who invest in good onboarding and clear communication keep their temp workers longer and get better results. It sounds obvious, but in the rush of everyday business it's often forgotten.

Equal treatment: what you need to know as a user

Here's the key point. A temp worker is entitled to the same working conditions as your permanent employees in a comparable role. The law is very clear on this.

In concrete terms, this means:

• Pay: the temp worker's pay may not be lower than what a permanent employee in the same role would earn, including bonuses and allowances
• Working time: the same working-time arrangements as your permanent staff
• Company facilities: access to the canteen, childcare, transport facilities and other amenities your permanent employees use
• Safety: the same protective measures as for your own staff

Limited exceptions are possible through collective labour agreements (CLAs) of the Joint Committee for temporary agency work (JC 322). For example, a separate arrangement applies to end-of-year bonuses. But the basic principle is rock solid: equal treatment for equal work.

Let's not beat around the bush: as an employer, you are responsible for upholding this principle in the workplace. The temp agency pays the wage, but you have to supply the correct information about what a comparable permanent employee earns in your company.

What does a temp worker cost? The coefficient explained

The honest truth? Temp workers cost more than permanent employees. Anyone who doesn't tell you that straight is trying to sell you something. But that higher cost also buys flexibility, and that has value.

The temp agency charges you a rate based on a coefficient. That coefficient is a multiplier applied to the temp worker's gross salary.

What's included in that coefficient?

• NSSO employer contributions
• Holiday pay (single and double)
• End-of-year bonus (pro rata)
• Insurance (occupational accidents, occupational illness)
• The temp agency's administrative costs
• The agency's profit margin

The coefficient typically sits between 1.65 and 2.05, depending on the sector, the Joint Committee and the volume. Say your temp worker earns a gross salary of €2,500 per month. With a coefficient of 1.75, you pay the temp agency roughly €4,375 per month.

That's a hefty amount. But add up what you save: no recruitment costs, no severance pay if it doesn't work out, no administrative hassle. For short assignments and peak periods, that can more than justify the extra cost.

Want to work this out for your own situation? In our article on pay for temporary workers, we go deeper into how the rate is built up.

You can also track labour costs manually in a spreadsheet, but that quickly becomes unwieldy once you're working with several temp workers. A tool like Recruit gives you a real-time dashboard of all your staffing costs, so you always know where you stand. Then again, spreadsheets work too. As long as you keep them up to date.

Common mistakes when hiring temp workers

After more than 15 years in Belgian payroll, we've seen the most common mistakes. Here are the five employers fall into most often.

Not drawing up a workstation sheet. It sounds like administrative baggage, but without a workstation sheet a temp worker legally can't start. Yet it regularly happens that companies forget this, especially for office roles where the risks seem low. The fines are real.

Using the wrong reason. You have a structural increase in work, but you enter "temporary increase" as the reason. Once the maximum duration is up, you're stuck. Choose the right reason from the start, even if the distinction sometimes seems like hair-splitting.

Ignoring equal treatment. Your temp worker does the same work as your permanent employee, but for lower pay. That's not allowed. And the temp agency will hold you responsible if it comes to light.

Forgetting to check the Dimona. Yes, the temp agency files the declaration. But if it doesn't happen, you're in trouble too. A quick check costs you two minutes.

Treating temp workers as second-class staff. No access to the canteen, no invitation to team meetings, no proper onboarding. Not only is that legally problematic (equal treatment), it's also just bad management. A motivated temp worker delivers twice as much.

When to choose temporary agency work, and when not?

Temporary agency work isn't always the best option. Sometimes a fixed-term contract is cheaper. Sometimes payrolling is more flexible. It depends on your situation.

Hiring a temp worker suits you if:

• You need someone quickly (within a few days)
• You don't want to handle recruitment yourself
• The assignment is temporary (less than six months)
• You don't want to carry the employer risk yourself
• You want to "test" someone via the inflow reason

An alternative is a better fit if:

• You've already found a candidate (consider payrolling or a direct contract)
• The assignment lasts longer than six months (a fixed-term contract is often cheaper)
• You're looking for very specific profiles that temp agencies struggle to find
• You want to keep the total cost as low as possible

Not sure? Our article on temporary employment contracts in Belgium compares the options in detail.

In short

Hiring a temp worker isn't rocket science, but it does require you to know the rules. Choose the right reason, draw up your workstation sheet in good time, respect equal treatment and keep an eye on your costs. Do that, and temporary agency work is a powerful tool for absorbing peaks, replacing sick employees or screening new talent.

Belgian law on temporary agency work protects both the worker and the employer. It sometimes feels like an administrative burden, but it also ensures you work within a clear framework. And that, ultimately, is to everyone's benefit.

Frequently asked questions

How long can I hire a temp worker for? It depends on the reason. For replacement: as long as the absence lasts (except in the case of dismissal, where it's a maximum of six months). For a temporary increase in work: six months, extendable by six months. For inflow: a maximum of six months. For exceptional work: depending on the specific activity.

Do I have to pay a temp worker the same wage as my permanent staff? Yes. The principle of equal treatment is enshrined in law. The temp worker is entitled to the same wage as a permanent employee in a comparable role on your payroll. The temp agency pays the wage, but bases it on the salary scales that apply in your company.

Who is responsible for the temp worker's safety? You, as the user. For the entire period the temp worker is working for you, you are responsible for well-being and safety in the workplace. The temp agency is responsible for the employment contract and pay.

Can I refuse a temp worker the agency sends? Yes. You have the right to refuse a temp worker if they don't meet the required qualifications or if the person isn't suited to the workstation. Just communicate this to the temp agency promptly and clearly.

What if I want to hire the temp worker permanently? You can. After the temporary assignment ends, you can offer the temp worker a permanent contract. With the inflow reason, that's actually the explicit goal. Note: some temp agencies apply a takeover arrangement with a fee. Check this in advance in your agreement with the agency.

---

How Recruit helps you with this

Taking on temporary staff without administrative headaches? That's exactly what we built Recruit for.

With Recruit:

• Contracts in under 60 seconds: create trial and temp contracts without the hassle
• Automatic pay calculation: correct pay in line with current legislation and your Joint Committee
• Dimona and social documents: we handle all the declarations, you focus on your business
• 24/7 personal support: always a dedicated contact who knows your company
• No fixed monthly fees: pay only for what you use

Try Recruit or get in touch with our HR experts for tailored advice.

---

The information in this article is purely informative and does not replace professional legal or accounting advice. Labour legislation changes regularly. Always consult the current legislation or get in touch with an HR expert for advice tailored to your situation. Please note: the rules may differ by Joint Committee and sector.