GENERAL TERMS FOR PROVIDING THE SERVICES OF A HOUSEHOLD HELPER
ARTICLE 1: CONTEXT
This contract is concluded within the framework of the use of service vouchers as a means of payment by the private individual for the provision of domestic help of a household nature by a worker of the service company. By domestic help, we mean: house cleaning, laundry, ironing, small sewing jobs, meal preparation and household shopping.
The private individual will also be referred to as the ‘’user’’ below.
The expression “household helper” used in these general terms is understood to refer indiscriminately to male and female workers.
ARTICLE 2: MATERIAL AND INSTRUCTIONS TO BE PROVIDED AND WARNINGS
The ONE-NET company provides the worker with an apron, safety shoes with non-slip soles and household gloves free of charge.
The user will make cleaning products and adequate equipment (in good operating condition) available to the household helper.
The user will inform the household helper of the procedures to be used for cleaning his/her home and/or laundry and provides them with instructions on maintenance methods specific to their home. He/she is responsible for giving instructions and supervising the work done by the household helper.
If the user wishes to entrust the household helper with the maintenance, cleaning, and/or handling of valuable objects or fragile materials (particularly lacquered or other surfaces requiring particular care), he/she must first give adequate instructions.
The user will then inform the household helper of the objects and fragile materials in the home and will give adequate instructions and products for their upkeep. Under no circumstances can the household helper be asked to clean unusual valuable objects (works of art, unique articles, etc.).
ARTICLE 3: PAYMENTS
The user pays by means of one service voucher per hour worked and undertakes to have a sufficient stock of service vouchers at the time the services are provided.
3.1. Paper service vouchers
The user gives the household helper a valid service voucher, duly signed and completed (including the detachable stub) per hour worked, at the latest at the end of the household helper's daily work. The patron fills in the date on the voucher (the date the service is actually provided) using a blue or black ballpoint pen (not a pencil, marker, or other colors) and specifies the type of activity carried out (tick in the box).
Note: Sodexo does not accept crossing out, “Tipp-Ex” or other correctors.
3.2. Electronic service vouchers
The user chooses the option “I authorize informing the approved company in case of an insufficient balance in my electronic wallet” on the Sodexo website.
At the end of the working day, the household helper calls a free telephone number from the user’s phone and records the number of hours worked.
Then, within 48 hours, the user must manually validate the service provided in his/her personal electronic space. Consequently, he/she cannot expect any automatic confirmation from Sodexo’s computer system.
If the service company makes any change (for example due to a typing error), the user has 48 hours to confirm the record of services provided.
If the user challenges the record of services provided, he/she must inform the service company at the latest on first working day following the challenge.
Electronic payment is considered to have been made regularly when the electronic voucher has been debited from the user’s account.
ARTICLE 4: PROHIBITED JOBS
The household helper can under no circumstances do jobs that are dangerous, entail a risk for health or are inappropriate, such as:
- Cleaning windows at a height (the household helper can climb three steps of a step-ladder at most);
- Working outdoors in bad weather (rain, snow, very hot or cold weather);
- Services requiring skills that exceed those that can be expected from a reasonably prudent and diligent person doing household jobs; for example, asking the household helper to do work needed to clean a construction site is prohibited – this entails cleaning all kinds of debris and cement, plaster, etc. and requires skills that cannot be expected of a household helper.
- Take care of animals and maintain their housing.
The household helper can clean strictly private premises only. Cleaning common staircases or premises for professional use, such as offices or a doctor’s office, is therefore strictly prohibited.
Authorized household errands are exclusively to enable the user to meet his/her daily needs. The purchase of furniture, household appliances, audio-visual devices, hot meals, and the periodic distribution of newspapers and magazines are not considered to be included in daily needs.
ARTICLE 5: SECURITY AND HYGIENE
The household helper must always be put to work under optimal conditions of security and hygiene. In the event of serious hygiene problems or a situation endangering the household helper, the helper or the service company can ask the user to solve the problem(s).
In the case of a contagious disease, the user must immediately inform the service company.
In the event of a persistent security or hygiene problem, the household helper will no longer provide services, with immediate effect.
All material made available must be in good condition and sure.
The user must inform the service company directly, in the event of an accident incurred by the household helper during the execution of his/her work.
In the event of imminent danger, the worker can leave the workplace.
The user, as a normally far-sighted person, undertakes to ensure that there is always a first-aid kit available to the worker
As soon as a household helper is pregnant, a certain number of legal measures must be respected for the security and health of the mother and child.
The household helper can continue to work, up to one week before the presumed date of birth, as long as the following is taken into account:
The following is not authorized during pregnancy; the list is not exhaustive:
- A pregnant household helper cannot be put in contact with cats or clean their litter;
- A pregnant household helper cannot be exposed to contagious childhood diseases. If one of the user’s children has a contagious childhood disease, they must inform the service company before the scheduled services. The household helper will come back on the job once the child is cured.
A pregnant household helper cannot carry heavy objects (ex. pail of water), or climb a step-ladder.
ARTICLE 6: RULES IMPOSED ON THE HOUSEHOLD HELPER
The household helper is required to respect the following rules:
- The household helper is not authorized to smoke on the job. If no break is scheduled during working hours, the user will give the helper the possibility to smoke a cigarette during the morning and during the afternoon.
- The household helper is entitled to a break during working hours of fifteen minutes per four consecutive hours of service.
- The household helper cannot telephone during working hours unless the call is needed for the service. Exceptionally, the household helper can be authorized to telephone for private questions, using his/her own mobile telephone.
- The household helper cannot be a close family member of the user or a member of the household. If this situation should occur, the user will inform the service company. In that case, the service company will immediately terminate the help.
- The household helper can keep the keys to the user’s home only if the user has authorized this in writing. In that case, the user will see that the household helper returns keys to the home and will remit them to another service company worker (for example in case of a replacement). The service company recommends having the household helper sign a statement on receiving and/or returning the keys. Under no circumstances can the service company be held accountable for the management of the keys to the home.
ARTICLE 7: NON-DISCRIMINATION
The service company offers the user a quality service that ensures respect for human dignity, privacy, ideological, philosophical and religious convictions, the right to make a claim, the right to information, and the user’s right of inspection, which takes account of the user’s living situation.
With regard to the householder worker and the service company, no distinction will be made on the basis of race, ethnic origin, disability, sexual orientation, philosophical or religious convictions, in the context of the offer and supply of services.
The user treats the service worker with respect and refrains from any act of violence or any form of harassment.
ARTICLE 8: ABSENCE OF THE WORKER
The service company will inform the user as quickly as possible of any modifications in the work schedule.
In the event of unforeseen circumstances (sick leave, absence for force majeure, or for exceptional circumstances), the user is informed without delay by the service company.
The absent worker will be replaced insofar as possible, but no guarantee can be given. In the event of a replacement, there may be a change in working times and day(s) in agreement with the patron.
ARTICLE 9: ABSENCE OF THE USER
The user will take all useful measures to ensure that the household helper's services can be provided all year long (among other things, access to the home).
In the event of a change in place or cancellation of the services stipulated by the contract, the user shall inform the service company in writing:
- of the change in place or cancellation of the services stipulated by contract at least 10 working days before the week in which the services are to take place;
- of the date of replacement: at least 3 working days before the week in which the services are to take place.
If the change in place or cancellation is not notified in due time, the service company will invoice the normal hours, unless the user agrees to have the weekly hours stipulated in the contract worked at another time during the current calendar quarter.
The calendar quarter is understood as follows: quarter 1 = January-February-March; quarter 2 = April-May-June; quarter 3 = July-August-September; quarter 4 = October-November-December.
ARTICLE 10: LOSS AND THEFT
The individual can always report any complaints to the service company, which will investigate the matter thoroughly.
In the event of suspicion of theft, the user must always inform the service company.
In the event of theft, the user must immediately file a declaration with the police, which will draft a report.
The following rules must be respected to avoid any misunderstanding:
- the household helper will only hold a key to the user’s home if the user authorized this in writing and informed the service company;
- the household helper will ask for written authorization from the user before having a copy of the keys made;
- the user will take the needed precautions as concerns money and valuables that may be entrusted to the household helper.
ARTICLE 11: ON-THE-JOB ACCIDENTS AND RESPONSIBILITIES
The service company has taken out a work accident insurance, with the purpose of compensation, in accordance with the law, the housekeeper who is the victim of a work accident or an accident on the way to or from work.
The ONE-NET Agency is also insured for material damage that could be caused by the household help. The service company is not responsible for this damage unless it is the direct result of the incorrect performance of her tasks.
In the event of such damage, the user must notify the service company within 48 hours, otherwise, they cannot be taken into consideration.
Reimbursement will only take place after acceptance by the insurance company.
ONE-NET Agency is in no way responsible for the consequences of errors or mistakes made by the user in the communication of information and/or instructions concerning the proper execution of the tasks.
ARTICLE 12: DURATION OF SERVICES
The provision of services is concluded for an indeterminate duration that takes effect from the date of signature.
The provision of services can be terminated by either party by giving notice of at least two weeks, notified by e-mail or registered letter (the notice begins on the date the registered letter is sent). The party receiving notice can at any time unilaterally reduce the duration of the notice period, or waive it entirely.
Termination of the provision of services is indivisible: it automatically applies to all household helpers from the service company working at the user home.
The provision of services is automatically deemed to be terminated if one of the contracting parties fails to respect one of the obligations stipulated in the contract, after notice to comply is given by registered letter to the other party and remains to no avail more than fifteen calendar days after the notice was sent.
If the user fails to remit the vouchers due (paper or electronic vouchers) more than ten calendar days after the service was provided, the provision of services will be deemed to be terminated, without prior notice, by a simple request of the service company.
This, of course, does not exempt the user from remitting the vouchers on the first application.
ARTICLE 13: DELAY OF PAYMENT AND RECOVERY
In case of delay of payment for over a month since the provision of services, the user will owe the service company a lump sum of 150 € for recovery fees, without prejudice for the due payment of the executed and unpaid services.
In case of delay of payment for over 3 months since the provision of services, the user will no longer be allowed to pay with service vouchers.
He will thus owe the service company the amount of the service voucher in addition to the State subsidy, for a total per hour of 23,39 € in Wallonia, 23,02 € in Flanders and 23,14 € in Brussels.
ARTICLE 14: DISPUTE
In the event of a dispute concerning the application of these general terms, the courts of the district in which the service company’s registered office is located shall have jurisdiction.