Hiring of an employee by a group of employers: what are the rules?

Verified 29 October 2021 - Legal and Administrative Information Directorate (Prime Minister)

An employee of a grouping of employers may be made available to the Member companies of the grouping. It works with companies who need its skills on an ad hoc basis and according to their needs. This provision may in particular make it possible to replace an employee who is taking part in a vocational training action. The employee is paid by the employers' group.

The employee signs an employment contract directly with the employer group.

The contract of employment shall include the following:

  • Conditions of employment and remuneration of the employee
  • Professional qualification of the employee
  • List of companies in which the employee is required to work
  • Where the work is performed

The employee is paid by the employers' group.

The employee shall enjoy equal treatment with the employees of the companies with which he is made available (remuneration, profit sharing, participation and wage savings).

The remuneration received by an employee of the grouping of employers may not be lower than that received in the user company by an employee of equivalent qualification occupying the same post.

The employee of the group shall have access to the medical monitoring under the same conditions as company employees.

The employee of the group has access to the means of public transport and to the collective facilities (catering in particular) under the same conditions as the employees of the company.

If one of the employers leaves the pool, this results in a change by agreeable the employee's employment contract.

In the event of the employee's misconduct, the disciplinary authority shall be borne by the grouping of employers.