Payroll employee rights: what you should know

You work through payroll. Legally, you're employed by the payroll company, but every day you work at another company. So what rights do you actually have? And are they any different from those of your "regular" colleagues?

Short answer: you have the same rights as the permanent colleagues who do comparable work.

But the details matter.

The equal treatment principle

The heart of your protection as a payroll employee? The equal treatment principle. You're entitled to the same working conditions as the employees who are directly employed by the company where you work.

This applies to:

• Pay
• Working hours
• Holidays
• Bonuses and allowances
• Access to company facilities
• Training opportunities
• Social benefits

The fact that your employment contract is with a payroll company shouldn't put you at any disadvantage. In practice, you earn the same as a colleague in the same role who is directly employed. Right?

Right.

Your pay

Your pay is set by the Joint Committee (JC) of the sector you work in, not by the payroll company. You can read more about this in our article on which CLA applies to payroll.

Working in hospitality? Then the salary scales of JC 302 apply. Logistics? JC 226. Construction? JC 124. IT? JC 200. You get the pattern.

This means:

• A minimum wage based on your job category
• Indexation whenever the sector applies it
• Sector bonuses (night, weekend, shift work)
• Seniority allowances where applicable
• Any end-of-year bonus

Your payslip states your Joint Committee. Does it show JC 302, for example? Then you can check the official salary scales on the FPS Employment website. Not sure whether you're being paid correctly? Run that check.

Holidays and leave

As a payroll employee, you build up holiday entitlements just like any other employee.

Statutory holidays:

• White-collar workers: at least 20 days (full-time)
• Blue-collar workers: the same, via the holiday fund

Holiday pay:

• Single holiday pay: your normal pay during your holidays
• Double holiday pay: an extra payment (92% of the gross monthly salary for white-collar workers)

The payroll company calculates this and pays it out. For short assignments, it's settled on a pro rata basis.

Other types of leave: Short leave (marriage, death, birth), educational leave, time credit. You have the same rights as permanent colleagues. Requests go through the payroll company, but the client company has to make it operationally possible.

Illness

Fall ill? Then the normal rules apply.

Guaranteed salary:

• White-collar workers: 30 calendar days at full pay
• Blue-collar workers: a progressive scheme (first 7 days, then another 7, then 14 days)

The payroll company pays this guaranteed salary, not the client company. After that, the health insurance fund takes over with a sickness benefit.

Procedure: Report your illness to the client company (your workplace). They pass it on to the payroll company. Send your medical certificate to the payroll company. Simple. Read more about the sick-leave procedure for payroll.

Dismissal

Here too, the ordinary rules of Belgian labour law apply.

Notice period: This is calculated based on your seniority with the payroll company. The periods are the same as for regular employees. You'll find more details in our article on calculating notice periods for payroll.

Severance pay: If the payroll company dismisses you without notice (or with a shortened notice period), you're entitled to compensation in lieu of notice.

C4 form: When your contract ends, you receive a C4 (form) from the payroll company. You need this to claim unemployment benefit.

Dismissal by the client company? The client company can't dismiss you directly. You're not employed by them. What they can do is tell the payroll company that they no longer need your services. The payroll company then handles the dismissal procedure.

Safety and well-being

You're entitled to a safe workplace. The responsibility is shared:

The client company:

• Ensures safe working conditions
• Informs you about risks
• Provides protective equipment
• Supervises the workplace

The payroll company:

• Takes out occupational accident insurance
• Handles the paperwork in the event of accidents
• Arranges health surveillance (if required for your role)

In the event of an occupational accident, you report it to both: the client company and the payroll company. The insurance runs through the payroll company.

Access to facilities

You're entitled to the same facilities as permanent staff. The canteen or lunch area, parking, sanitary facilities, and social benefits offered to all employees.

The client company can't exclude you because you work through payroll. Simply not allowed.

Information about job openings

The client company has to inform you about vacancies for permanent positions. If a comparable position opens up, you have the right to know it exists.

This doesn't mean you automatically get priority, but you must be given the chance to apply.

Building up your pension

You build up pension rights through the usual channels. A statutory pension through NSSO contributions, and a supplementary pension if the payroll company offers one.

Does the client company offer group insurance to its permanent employees? Then, as a payroll employee, you don't automatically have access to that same scheme. The payroll company may provide its own supplementary pension, but it isn't always equivalent.

This is one of the few areas where there can be a difference compared with permanent colleagues.

What if your rights are violated?

Do you think you're not being treated fairly?

1. Discuss it with the payroll company They are your legal employer. Start there with your question or complaint.

2. Contact your trade union As a trade union member, you can turn to them for advice and support.

3. Social inspection For serious breaches (underpayment, unsafe situations), you can file a report with the labour inspectorate.

4. Labour court As a last resort, you can start legal proceedings.

In practice

Most payroll employees have a positive experience. The law protects you well, and reputable payroll companies stick to the rules. Want to know the pros and cons from an employer's perspective? Read our article on the pros and cons of payroll.

Still, it's smart to stay alert. Check your payslip regularly. Compare it with the sector salary scales. Ask for an explanation when something is unclear. Keep your documents.

Sounds basic? It is. But it saves you a headache later.

In short

As a payroll employee, you have the same rights as permanent colleagues who do comparable work. Your pay follows the sector salary scales, you build up holidays, and you're protected in the event of illness and dismissal.

The payroll company is your legal employer and responsible for correct pay and administration. The client company provides safe working conditions and day-to-day management.

Know your rights.

And if something isn't right? Speak up.

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How Recruit helps

At Recruit, we take our responsibility as an employer seriously. Correct pay, timely payments, and transparent communication are the foundation.

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 (immediate employment declaration) and social documents: we handle all the declarations, you focus on your business
• 24/7 personal support: always a dedicated contact who knows your business
• 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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Frequently asked questions

As a payroll employee, am I entitled to the same bonus as permanent colleagues?

Yes, if the bonus is part of the regular working conditions in the sector or the company. One-off bonuses that the employer pays out at its own discretion? Those can be different.

Who pays my wages: the client company or the payroll company?

The payroll company. They are your legal employer and responsible for paying your wages.

Can the client company dismiss me?

Not directly. They can indicate that they no longer need your services. The payroll company then handles the formal dismissal procedure.

Do I build up seniority?

Yes, your seniority counts from your start date with the payroll company. This is relevant for notice periods and any seniority allowances.

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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.