Temporary agency work in Belgium: legislation and practice 2026

A busy stretch. Too few hands on deck. And the one permanent employee you can't afford to lose calls in sick, right now. Sound familiar? For many Belgian businesses, this is the moment temporary agency work comes into play: someone on board fast, without running the whole recruitment process yourself.

But how does temp work actually work in Belgium? What's allowed, what's required, and above all: what does it cost?

This article walks you through Belgian legislation on temporary agency work, the permitted reasons for using it, the costs involved, and the rights and obligations of everyone involved. No sales talk, just the information you need to make a sound decision.

What is temp agency work? The triangle explained

Temporary agency work always involves three parties. We call this the triangular relationship:

• The temp worker: the employee who does the work
• The temp agency (also called the staffing agency): the legal employer
• The user: your company, where the temp worker is placed

Here's the key point: the temp agency is the employer, not you. They handle the employment contract, the payroll calculation, the NSSO (National Social Security Office) contributions and the social documents. As the user, you give the day-to-day instructions and provide a safe working environment.

Why does this matter? Because it determines who carries which responsibilities. The temp agency bears the employer's risk in the event of illness or accident. But you're responsible for safety on the floor. More on that later.

The Act of 24 July 1987: the legal framework

Temporary agency work in Belgium is governed by the Act of 24 July 1987 "on temporary work, temporary agency work and the provision of workers to users". Quite a mouthful, but the essence is simple: temp work is not allowed just like that.

Lawmakers wanted to prevent companies from structurally replacing permanent jobs with cheaper temp workers. So you may only bring in temp workers for specific, legally permitted situations. We call these situations the reasons.

This is where it gets legal. Not boring-legal, but important for your compliance.

The four permitted reasons for temp work

In Belgium, you may only use temporary agency work for one of these four reasons:

1. Replacing a permanent employee

This is the most common reason. You can bring in a temp worker to temporarily replace a permanent employee when:

• The employee is ill or has had an accident
• The employee is on maternity or parental leave
• The employee takes time credit or a career break
• The employee's contract is suspended (other than for economic unemployment)
• The contract has been definitively terminated and you haven't yet found a replacement

Maximum duration: as long as the replacement is needed. There's no statutory maximum for this reason.

2. A temporary increase in work

You temporarily have more work than your permanent team can handle. Think seasonal peaks, a big project, or an unexpected surge in orders.

Important condition: do you have a union delegation in your company? Then you need their prior approval. They must agree to both the number of temp workers and the period.

No union delegation? Then you can use temp work for up to six months, extendable by another six. So a maximum of one year in total.

Maximum duration: 6 months, extendable to 12 months (without a union delegation). With a union delegation: it depends on their agreement.

3. Performing exceptional work

Use this reason for work that falls outside your normal business activities. For example:

• Preparing for a trade fair or event
• A relocation
• A one-off stocktaking project
• Specific technical work your team doesn't master

It has to be genuinely exceptional work. You can't use this reason for tasks that belong to your normal operations.

Maximum duration: up to 12 months.

4. Inflow (with a view to permanent hiring)

This fourth reason is relatively new and often underrated. You bring in a temp worker with the explicit intention of hiring them permanently afterwards. Essentially an extended trial period through temp work.

During this period, you as the user can assess the candidate's skills and attitude. Meanwhile, the temp worker gets to know the role and the working environment.

Strict rules for inflow:

• Minimum 1 week, maximum 6 months per temp worker
• No day contracts allowed
• A maximum of 3 different temp workers per vacancy
• After 3 failed attempts, you can no longer use inflow for that vacancy

Maximum duration: 6 months per temp worker, a maximum of 3 attempts per vacancy.

What does a temp agency cost? The coefficient

Let's not beat around the bush: temp work costs money. Often more than you'd expect.

Temp agencies work with a conversion factor, also known as the coefficient. It's a number by which the temp worker's gross salary is multiplied to arrive at your cost price.

The calculation is simple: Gross salary × coefficient = your cost

In practice, coefficients for temporary agency work in Belgium typically sit between 1.65 and 1.85. Sometimes higher, up to 2.5 for specific profiles or sectors.

A concrete example:

Say you need an administrative clerk with a gross salary of €2,500 a month. At a coefficient of 1.75, you pay:

• €2,500 × 1.75 = €4,375 a month

That's almost double the gross salary. And that's still before any extra costs for overtime, weekend work or specific allowances.

Where does that difference come from?

The coefficient covers:

• The NSSO employer contributions (around 25%)
• Holiday pay and the end-of-year bonus (pro rata)
• Insurance (occupational accidents, civil liability)
• The temp agency's administrative services
• The temp agency's profit margin

From 2026, temp workers get more expensive

New equal-pay rules push up the cost of temp workers in 2026. Count on an increase of 5 to 10 percent on base wage costs, and up to 15 percent on supplements and overtime pay.

Payrolling: a lower-coefficient alternative

Already found a candidate yourself? Then payrolling is often cheaper than a classic temp agency.

With payrolling, the agency doesn't recruit. You supply the candidate; they only handle the pay and administration. That's why the coefficients are lower: typically between 1.55 and 1.70.

In our experience with thousands of temporary workers, we see that many employers don't realise this difference exists. They pay the full temp coefficient even though they did the recruiting themselves. A real shame.

Want to know more about this difference? Read our article on the difference between payroll and a temp agency.

Temp worker rights: equal treatment

The law is clear: temp workers are entitled to the same treatment as your permanent staff. This principle of equal treatment is set out in Article 10 of the Act of 24 July 1987.

In concrete terms, this means:

• The same gross salary: including indexations, bonuses and meal vouchers
• The same working-time arrangements: do your permanent staff work 40 hours with compensatory rest? Then the same applies to the temp worker
• Access to company facilities: canteen, childcare, transport facilities
• The same safety measures: personal protective equipment, workwear

Exception: the end-of-year bonus

A separate system applies to the end-of-year bonus. Temp workers don't receive an end-of-year bonus from you as the user, but from the Social Fund for Temporary Agency Workers. The conditions and amounts differ from what your permanent employees receive.

Your obligations as the user

When you hire in a temp worker, you take on a number of obligations. The main ones:

1. The workstation form

For every temp worker, you must draw up a workstation form. This is a document describing:

• Which tasks the temp worker will perform
• Which risks are attached to the workstation
• Which safety measures apply
• Whether a medical examination is required

You must provide this workstation form to the temp agency before the temp worker starts. When drawing it up, seek advice from your prevention service and occupational physician.

The temp worker may only carry out the tasks listed on the workstation form. Does the work change? Then you must update the form.

2. Workwear and protective equipment

Does the role require workwear or personal protective equipment? Then you, as the user, must provide it. Not the temp agency.

3. Safety and well-being

This one is crucial. Article 19 of the Act states that you, as the user, are responsible for the temp worker's well-being while they're at work. The Well-being Act treats you as the de facto employer for everything to do with safety.

That means the same risk assessments, the same preventive measures, the same training as for your permanent staff. A temp worker is not a second-class colleague.

4. Informing about vacancies

If you have permanent positions open, you must inform the temp workers in your company about them. They have the right to apply for permanent jobs.

From temp worker to permanent contract

Want to take a temp worker onto your permanent payroll? You can, but mind the rules.

Under the inflow reason:

If you employed the temp worker under the inflow reason, the intention from the start was to potentially move towards a permanent contract. After the assignment period (a maximum of 6 months), you decide whether to offer a permanent contract.

The temp worker isn't obliged to accept the permanent contract. And you're not obliged to offer it, either. It's a get-to-know-each-other period for both parties.

Under other reasons:

You can also decide to hire the temp worker permanently under other reasons. In that case, the agency usually asks for a buyout or takeover fee. This amount varies, but count on 2 to 4 months' salary.

Some temp agencies use a system where the takeover fee drops the longer the temp worker has been with you. After a certain period (often 750 to 1,000 hours worked), the takeover is free.

Want to know more about temp contracts and the move to permanent? Read our guide on temp contracts in Belgium.

Temp agency vs payrolling: the difference

Many employers mix these two up. Understandable, because in both cases an external party is the legal employer. But the differences are real.

With a temp agency:

• The agency recruits the candidate
• The agency selects who comes to work for you
• The temp worker can also be placed with other companies
• The coefficient is higher (1.65 to 2.5)
• You need a legally permitted reason

With payrolling:

• You recruit and select yourself
• The payroll partner handles only the pay and administration
• The worker works exclusively for you
• The coefficient is lower (1.55 to 1.70)
• The legislation on reasons is less strict

The honest truth? It depends on your situation. If you don't have the time or capacity to recruit yourself, a temp agency is the logical choice. If you already have a candidate and mainly want to outsource the administration, payrolling is often smarter and cheaper.

At Recruit, we're not a temp agency. We offer payroll services for companies that recruit themselves but want to avoid the administrative hassle. That's how we can work with lower coefficients.

Not sure which fits your situation? Read our article on the costs of a temp agency for an honest comparison.

Practical points to watch

After more than 15 years in Belgian payroll, we know exactly where employers get tripped up. Here are a few common mistakes:

Stacking day contracts for inflow

Some employers think they're being clever by using day contracts under the inflow reason. That's not allowed. With inflow, the contract must last at least a week.

Not stating the reason

Every temp contract must state the reason. Forget it? Then the temp worker can contest the contract and claim entitlement to an open-ended contract.

Forgetting the workstation form

No workstation form? Then the temp worker can't start. The temp agency should request it, but in practice it sometimes slips through. Fines during an inspection can add up.

Using the wrong reason

You actually have more work, but you write "replacement" because you happen to have someone off sick too. That's fraud. The social inspectorate checks for this.

When is temp agency work the right choice?

Temp agency work suits you if:

• You need someone fast and have no time to search yourself
• You don't know any candidates for the role
• You want to outsource the full employer's risk
• You have to absorb temporary peaks without hiring permanent staff
• You want to test a candidate before offering a permanent contract (the inflow reason)

Consider an alternative if:

• You've already found a candidate yourself (payrolling is cheaper)
• You need the same person long-term (a permanent contract may be more cost-effective)
• The costs are too high for your budget
• You work in a sector where temporary work is only allowed to a limited extent

Frequently asked questions

How long can I keep the same temp worker?

It depends on the reason. For replacement: as long as the replacement is needed. For an increase in work: up to 12 months. For inflow: up to 6 months. There's no general maximum for temporary agency work itself.

Can I dismiss a temp worker?

You can't dismiss a temp worker, because you're not the employer. What you can do is end the agreement with the temp agency. They then handle the rest with the worker.

What if the temp worker falls ill?

The temp agency bears the employer's risk. They pay the guaranteed salary. In principle, you pay nothing, unless agreed otherwise in your contract with the agency.

Can I require a temp worker to work overtime?

The same rules apply as for your permanent employees. Voluntary overtime must stay voluntary. Mandatory overtime must stay within legal limits and be paid with the correct supplements.

What does a temp worker cost per hour?

It depends on the gross salary and the agency's coefficient. At a gross salary of €15 an hour and a coefficient of 1.75, you pay €26.25 an hour. Excluding overtime and supplements.

In short

Temporary agency work in Belgium is strictly regulated by the Act of 24 July 1987. You may only bring in temp workers for specific reasons: replacement, an increase in work, exceptional work or inflow. Costs run high because of agency coefficients, typically 1.65 to 1.85 times the gross salary.

Temp workers are entitled to equal treatment. And you, as the user, are responsible for their safety and well-being, even though you're not their employer.

Is temp work the right choice for your situation? It depends on your specific need. Need someone fast without searching yourself? Temp work can be the solution. Already have a candidate? Then payrolling is often the smarter choice.

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How Recruit helps you

Hiring temporary staff without the 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 payroll calculation: correct pay in line with current legislation and your joint committee
• Dimona and social documents: we take care of every immediate employment declaration and all social filings, so you can focus on your business
• 24/7 personal support: always a dedicated contact who knows your company
• No fixed monthly costs: pay only for what you use

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

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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 contact an HR expert for advice tailored to your situation. Please note: the rules can differ by joint committee and sector.