The December 2012 Programme Act: Delivering Services Becomes Much More Tricky!

The Belgian Act of 24 July 1987 (PAD Act) regulates the loan of employees to third-party 'users' and prohibits the leasing of personnel accompanied by delegation of some or all of the employer's authority to the third-party user.

So far a third party was however not considered as exercising employer's authority over the employees of another company as far as "authority" was exercised for one of the following three purposes:

• to comply with the applicable obligations relating to workers' well-being and safety in the workplace;
• to give instructions, for the sake of the execution of a (service) agreement, with respect to the application of working hours and rest time as well as;