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Conditions for giving guidelines to Axis Projects consultants

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What is it about?

When a company works with one or more consultants, the question of the authority over the consultant concerned may arise: who exercises the authority? What guidelines can I give to a consultant if I am not his legal employer?

The law on temporary work, temporary agency work and posting of workers states as a principle that you cannot exercise authority over consultants appointed by Axis Projects. Only Axis Projects, the service provider, can exercise this authority.

Nevertheless, since October 10, 2013, the law allows you, subject to compliance with certain conditions, to give directives to the consultants of Axis Projects.

It is important to know the conditions under which you can issue directives, since failure to comply with them can lead to serious consequences.

In concreto

The right to give instructions

Principle

You have the right, under certain conditions, to give instructions :

  • To the staff members who are linked by an employment contract to Axis Projects, service provider;
  • To the subcontractors of Axis Projects.

The guidelines

  • Must be provided for in the agreement concluded between you and Axis Projects;
  • must effectively correspond to the guidelines set out in the relevant agreement;
  • must not encroach on the authority of Axis Projects over its employees and/or subcontractors.

These terms are cumulative.

You may be wondering how you can know which guidelines do or do not impair the authority of Axis Projects over its consultants. We can provide some examples.

Examples of guidelines that do not impair the authority of Axis Projects

Guidelines on the following elements :

  • planning of the assignment to be carried out and the intermediate results;
  • Opening and closing hours of the site / workshop and general moments of interruption;
  • Access to your premises and/or installations according to the requirements of the assignment;
  • Circumstances, procedures and methods specific to you that must be taken into account during the execution of the assignment;
  • intermediate adjustments to be taken into account in the execution of the commission;
  • technical prescriptions relating to the use and/or maintenance of certain machines and materials and/or relating to tailor-made work, including the specific training required for the execution of the commission and specific to you;
  • technical regulations relating to the use and/or maintenance of certain installations and infrastructure and/or relating to processes, including the specific training required for the execution of the assignment and which is specific to you;
  • urgent interventions with a view to preventing/limiting economic damage.

Examples of directives that encroach on the authority of Axis Projects

Directives concerning the following elements :

  • recruitment policy;
  • policy regarding wages and working conditions;
  • supervision of the progress of the works and reporting with a view to this supervision;
  • Training policy, except for the training necessary for the execution of the contract and specific to the client;
  • supervision of working time and recording of overtime, breaks or any compensatory rest days;
  • authorization for and justification of absences;
  • policy on disciplinary sanctions and dismissal;
  • evaluation and performance reviews;
  • elements that make up the job.

These lists of examples are non-exhaustive.

Underlying obligations

You must immediately communicate the existence of the agreement in question to :

  • your works council or, failing that
  • your committee for prevention and protection at work or, failing this
  • your trade union delegation.

Consequences in case of non-compliance

If you do not respect the conditions relating to your right to give instructions:

  • Will void the contract entered into between you and Axis Projects.
  • You will be regarded as being bound by an employment contract of indefinite duration with the consultants of Axis Projects, and this from the beginning of the execution of the work.
  • You shall be jointly and severally liable with Axis Projects for the payment of social security contributions, salaries, fees and benefits arising from the employment contract that is deemed to bind you to the consultants.

Conclusion

Failure to comply with the conditions relating to the right to give guidance may have serious practical and financial consequences.

It is therefore important to strictly comply with the guidelines, which were previously defined and stipulated in the agreement that binds you to Axis Projects and which should not affect the authority of Axis Projects over its consultants.

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Heidi Vergauwe

Dedicated and meticulous Payroll & HR Advisor, always willing to go for the extra (s)mile!