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Terms and conditions of Les P'tites Fées Bleues

  • General terms for providing the services of a household helper

    Article 1 : Context

    These general terms apply in the context of the “service voucher” system. Service vouchers are used by the service company to pay for providing the services of a household helper in the home of a private individual, referred to below as the “patron”.

    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 patron will make cleaning products and adequate equipment (in good operating condition) available to the household helper.The patron will inform the household helper of the procedures to be used for cleaning his/her home and/or laundry. He/she is responsible for giving instructions and supervising the work done by the household helper.

    If the patron 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 patron 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 patron 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 patron 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 colour) 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 patron 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 patron’s telephone and records the number of hours worked.

    Then, within 48 hours, the patron 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 patron has 48 hours to confirm the record of services provided.

    If the patron 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 patron’s account.

    Article 4 : Contribution to travel and operating costs

    § 1. Without prejudice to the payment for services delivered using service vouchers, the user is asked to pay a €2 contribution for each service delivered at or outside their home, with a maximum of €16 per calendar month.

    For the purposes of this provision, a service is defined as an uninterrupted service delivered by the domestic assistant, regardless of the number of hours involved. The statutory 15-minute break for every four hour-service is not counted as an interruption.

    § 2. This contribution is intended to help fund the operating costs of providing support to the domestic assistance and as a contribution to their travelling expenses.

    §3. The contribution will be invoiced monthly and charged in the month following the month in which the associated services were delivered.

    Article 5 : 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.

    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 patron 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 6 : 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 patron to solve the problem(s). In case of a contagious disease, the patron 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 patron must inform the service company directly, in the event of an accident incurred by the household helper during the execution of his/her work. 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 for the patron, 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 patron’s children has a contagious childhood disease, the patron will 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 7 : Rules imposed on the household helper

    The household helper is required to respect to the following rules:

    • the household helper is not authorized to smoke on the job. If no break is scheduled during working hours, the patron 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 patron or a member of the household. If this situation should occur, the patron 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 patron’s home only if the patron has authorized this in writing. In that case, the patron 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 liable for the management of the keys to the home.

    Article 8 : Non-discrimination

    The service company offers the patron a quality service that ensures respect of human dignity, privacy, ideological, philosophical and religious convictions, the right to make a claim, the right to information and the patron’s right of inspection, which takes account of the patron’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.

    Article 9 : Absence of the worker

    The service company will inform the patron 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 patron 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 10 : Absence of the patron

    The patron 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 contract, the patron shall inform the service company in writing:

    • of the change in place or cancellation of the services stipulated by contract at least ten 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 patron 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 11 : Loss and theft

    In the event of suspicion of theft, the patron must always inform the service company. In the event of theft, the patron 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 patron’s home if the patron authorized this in writing and informed the service company;
    • the household helper will ask for written authorization from the patron before having a copy of the keys made;
    • the patron will take the needed precautions as concerns money and valuables that may be entrusted to the household helper.

    Article 12 : On-the-job accidents

    The service company is required to take out an insurance policy covering on-the-job accidents, with a view to paying compensation to the household helper who incurs an on-the-job accident or an accident on the way to or from work, as stipulated by law.

    Article 13 : Duration of services

    The provision of services is concluded for an indeterminate duration that takes effect as from the date of signature.

    The provision of services can be terminated by either party by giving notice of at least one month, notified by 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 patron’s 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 patron 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 patron from remitting the vouchers on first application.

    Article 14 : Delay of payment and recovery

    In case of delay of payment for over a month since the provision of services, the patron 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 patron 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 23,86 € in Wallonia, 23,36 € in Flanders and 23,60 € in Brussels.

    Article 15 : 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.

  • General terms for providing the services of a nurse

    Contact details:

    Article 1: Acceptance and purpose of these terms and conditions

    Requests for care can be made by telephone, by e-mail or via a coordination service or the social service of a hospital. By accepting the care provided by Les P'tites Fées Bleues — Home Treatment at the first visit to the Patient's home, it is understood that the Patient accepts, without reservation, the General Conditions presented below and subject to modification. These Terms and Conditions are drawn up in French. The present General Terms and Conditions are the only ones accepted, to the exclusion of any agreements or conditions of the Patient.

    Article 2: Services on offer

    2.a Services and service providers

    Les P'tites Fées Bleues — Home Treatment is a group of nurses with agreement for direct payment from insurance companies. The service providers are registered nurses orbacheliers, working under salaried or self-employed status, as well as nursing auxiliaries whose activity is governed by the Royal Decree of 12 January 2006. The services are subject to and comply with the regulations in force at the INAMI. Les P'tites Fées Bleues — Home Treatment also provides services related to nursing care but not reimbursed by the INAMI, a non-exhaustive list of which can be found below. Care other than hygiene care and care not reimbursed by the INAMI must be prescribed by a doctor. The prescription must contain the following mandatory information: The surname, first name and INAMI number of the prescribing doctor. The precise care to be given (e.g. : dosage for injections, protocol for dressings) Frequency of care (e.g. daily, 1x/month). The duration of care or the number of treatments (e.g.: 1 month (maximum 1 year), 12 injections). In the event of a missing or incomplete prescription, the treatment will be billed to the Patient, who is responsible for obtaining reimbursement from his or her health insurance company.

    2.b Rates

    The tariffs applied are the current tariffs of the INAMI which can be consulted on the website of the INAMI. The co-payment, i.e. the part payable by the patient, is invoiced monthly at the end of the month. The invoice is preferably sent by e-mail, otherwise by post. The term of payment is 14 days from receipt of the invoice. Payment is made by bank transfer. No cash payments will be accepted by the service providers.

    If the patient's financial situation does not allow him/her to pay a co-payment, he/she must report this as soon as he/she is taken in charge by our service. We can remove it if we have proof of this. List of benefits not reimbursed by the INAMI - Prices are expressed in euro:

    • Additional visit in the morning: €10.00 (€15.00 on we)
    • Additional visit in the evening: €6.50 (€9.00 on we)
    • Putting in eye drops (except post op): €8.00 (€13.00 on we)
    • Taking readings:
      • Blood pressure, oxygen level, weight, blood sugar level if INAMI washing service provided: €3.00 (€4.50 on we)
      • Blood pressure, oxygen level, weight, blood sugar level excluding washing service: €8.00 (€13.00 on we)
    • Administration of medication :
      • If washing: €3.00 (€4.50 on we)
      • Excluding washing. Dressing material package (per day): €8.00 (€13.00 on we)
    • Blood test : €5.00 (never the we)
    • Blood test other labs: €15.00 (never the we)

    For blood tests, we work with the laboratories of the Institute of Clinical Biology, LIMS and Cliniques de l’Europe. The choice of laboratory depends on the patient's home. In the event of a specific request by the Patient for another laboratory, the price charged will be €15.00. We reserve the right to refuse the request for service if our logistics do not allow us to do so. Invoices for blood tests are sent by e-mail only.

    Tariffs for services not reimbursed by INAMI can be reviewed in consultation with the Patient, depending on the organisation on site at the Patient's home.

    Article 3: Accessibility

    3.a Schedule

    When an appointment is made, a time is agreed upon for a 1-hour slot. Example: agreed time 10:00 a.m. Passage possible between 9:30 and 10:30 a.m.

    This schedule is respected as far as possible. If there is a change in the time slot, the Patient will be informed.

    3.b Telephone contact

    The only access number is 02/653.00.00. Telephone calls must be made on weekdays between 9am and 5pm. Outside these hours, it is always possible to leave a message which will be processed according to the degree of urgency of the call. It should be noted that in the event of a medical emergency, it is imperative to use 112. The number 02/653.00.00 is available 24 hours a day for patients in palliative status to whom the detailed procedures are communicated on a case-by-case basis. All telephone communications may be recorded.

    Article 4: Responsibility

    Les P'tites Fées Bleues — Home Treatment has an obligation of best endeavour, not an obligation to achieve a given result. It has an obligation to make every effort to achieve the desired result, as would a normally prudent and diligent person. The service providers are bound by professional secrecy. They must follow the instructions of the prescribing doctor. In the event of no response when visiting the Patient, the service provider will make every effort to contact the Patient or the persons to be contacted in his/her file.

    If the situation is deemed worrying, the emergency services (police, fire brigade, etc.) can be called in. The costs of the emergency services response will not be chargeable in any way to the Les P'tites Fées Bleues — Home Treatment. If the Patient is absent when the service provider comes at the agreed time slot and if this absence has not been communicated beforehand on 02/653.00.00 during the accessible hours (see above), compensation of €20 will be charged to the Patient.

    Article 5: End of treatment

    On the expiry date of the medical prescription, treatment is automatically interrupted. If it is necessary to continue care, the Patient is obliged to notify Les P'tites Fées Bleues — Home Treatment and provide a new prescription. Les P'tites Fées Bleues — Home Treatment may refuse or interrupt care of a patient if working conditions are likely to endanger the physical integrity of the provider.Example: lack of mobility equipment in heavily dependent patients.

    Article 6: Data protection

    Our Personal Data Protection Policy is detailed in our Privacy Policy.

    Article 7: Miscellaneous

    Any dispute relating to the execution or interpretation of the present agreement shall fall within the exclusive jurisdiction of the courts of Nivelles

  • General terms for providing the services of a home help

    Article 1: Framework

    The present general terms and conditions come within the framework of the system of associative workers which is used to pay for the provision of home help to individuals. The term "home help" used in the general conditions shall be understood, without discrimination, to include both female and male workers.

    Article 2: Availability and warnings

    The individual informs his/her home helper of the procedures to be followed in the context of the support mission. He/she is responsible for the guidelines given. If the individual wishes to entrust the home help with a specific job such as "washing", primary care, meals or other services specific to the person, he or she will give appropriate instructions for this type of service.

    Article 3: Payments

    The individual pays an amount per hour worked by bank transfer to the account of the ASBL within the deadline indicated on the invoice.

    Article 4: Prohibited works

    Under no circumstances may the home help carry out dangerous, health-risk or unsuitable tasks, such as:

    • Medical acts requiring specific medical training;
    • Indoor cleaning work requiring home help and outdoor cleaning work in difficult climatic conditions (rain, snow, cold or too hot weather);
    • Services requiring expertise that goes beyond that which can be expected from a normally prudent and diligent person carrying out a support mission;

    in this sense, it is forbidden, in particular, to ask the home help to perform medical services. Authorised domestic shopping is exclusively domestic shopping in favour of an individual, in order to meet his/her daily needs. Purchases of furniture, household appliances, audio-visual equipment, hot meals and the periodic distribution of newspapers and magazines are not considered as daily needs.

    Article 5: Safety - Hygiene

    Home helpers must always be put to work in optimal safety and hygiene conditions. In the case of serious hygiene problems or situations that endanger the home help, the home help or the organisation can ask the individual to remedy the problem(s). In the event of a contagious disease, the individual must immediately notify the organisation. In the event of a persistent safety or hygiene problem, the provision of home help will be stopped immediately. All equipment provided must be in good condition and safe. The individual shall notify the organisation directly in the event of an accident occurring to the home help during the performance of his/her activities. As soon as a home help is pregnant, a number of legal measures will have to be respected in relation to the safety and health of the mother and child. The home help may continue to provide care to the individual up to one week before the presumed date of delivery, as long as the following is taken into account. An overview of what is not allowed during pregnancy:

    • Pregnant home helpers must not come into contact with cats;
    • Pregnant home helpers must not be exposed to contagious child illnesses. If one of the individual's children has a contagious childhood illness, the individual shall inform the organisation before the planned services are provided. The home helper will resume the mission as soon as the child is cured.
    • A pregnant home helper may not carry heavy items or climb a stepladder.

    Article 6: Rules imposed on home help

    The home helper is obliged to comply with the following rules:

    • The home helper is not allowed to smoke during his or her support mission; if there is no break during support hours, the individual will give him or her the opportunity to smoke a cigarette in the morning and afternoon.
    • The home help only keeps the keys to the individual's home if he or she has given written permission to do so. In such a case, the individual will have to ensure that the keys to his or her home are returned by the home help and that the keys to the home are handed over to another service provider. The organisation recommends that the individual should have the home help sign a declaration of receipt and/or return of the keys. Under no circumstances may the organisation be made responsible for the management of the keys to the accommodation.

    Article 7: Non-discrimination

    The organisation offers the individual a quality service that guarantees respect for human dignity, privacy, ideological, philosophical or religious convictions, the right to complain, the right to information and the individual's right of scrutiny, taking into account the individual's life situation. With regard to home help and the organisation, no distinction shall be made on the basis of race, ethnic origin, disability, sexual orientation, philosophical or religious beliefs in the provision and delivery of services.

    Article 8: Absence of the worker

    The organisation will inform the individual as soon as possible of any changes to the support scheme. In the event of unforeseen circumstances (illness, force majeure), the individual will be notified as soon as possible by the organisation. Absent home help will be replaced as far as possible, but this cannot be guaranteed. In the event of replacement, the hours and day(s) of service may be modified in consultation with the individual.

    Article 9: Absence of the individual

    The individual shall take all the necessary precautions so that the home help services can be provided throughout the negotiated commitment. In case of relocation or cancellation of services, the individual must inform the organisation in writing:

    • For relocation/cancellation of services: at least 48 hours before the day on which the services are to take place;

    In the event that the relocation or cancellation is not reported in time, the organisation will invoice the hours of service normally agreed upon, unless the individual arranges for the originally agreed upon hours to be worked at another time during the current month.

    Article 10: Loss and theft

    In case of suspicion of theft, the individual must always notify the organisation. In the event of theft, the individual must immediately make a declaration to the police, who will draw up a report. To avoid any misunderstanding, the following rules will be respected:

    • The home help keeps the key to the home only if the individual has given written permission and has notified the organisation;

    the individual shall exercise due care with regard to any money and valuables that may be entrusted to the home help.

    Article 11: Accidents at work

    The organisation is required to take out work accident insurance, with a view to compensating, in accordance with the law, a home help who is the victim of an accident at work or an accident on the way to or from work.

    Article 12: Duration of services

    The service may be terminated by either party, subject to 48 hours' notice by email. The party receiving notice may at any time unilaterally reduce the duration of the notice period or even cancel it. Termination of the service is indivisible: it automatically applies to all home help services provided by the organisation providing services in the home of the individual. The service is automatically considered to have ended if one of the contracting parties does not comply with the general conditions provided for, after the other party has been sent a formal notice by email and has not acted on it for more than 48 hours from the date the formal notice was sent. If the individual remains in default of payment of the amounts due for more than ten calendar days from the date of payment stated on the invoice, the service will be considered, merely upon request of the organisation, as terminated - without prior formal notice. This does not, of course, relieve the individual from paying on first demand.

    Article 13: Non-solicitation of employees

    The individual undertakes, both during the term of this agreement and for a period of 24 months following its termination, not to approach, directly or indirectly, any person employed by the organisation, with a view to the hiring of that person either by the individual or by a third party, or with a view to the provision of services by that person, either for the individual or for a third party, and not to undertake anything that would have the effect of modifying or terminating the contract with the organisation or that would encourage that person to terminate his or her contract with the organisation. In the event of a breach of this provision, the parties agree that the organisation has the right to claim lump-sum damages equivalent to one year's gross remuneration of the person employed by the organisation, but not less than EUR 6,000 per breach, without prejudice to the right to claim additional damages to cover the losses actually incurred.

    Article 14: Duty of discretion

    The home help is bound by a duty of discretion. This obligation persists after the end of the work and after the end of his/her contract. Home helpers are therefore obliged to observe the utmost discretion in relation to the situations they encounter. The disclosure of facts or information, without necessity and without usefulness, constitutes, in the case of home help, a breach of professional ethics which undermines the relationship of trust. This misconduct may result in disciplinary action or termination of the relationship with the organisation. However, in the context of home help, the sharing of information with other professionals who are bound either by a duty of discretion or by professional secrecy is essential. However, such sharing must be limited to relevant information and exclude any hindrance to the respect of confidentiality considered as a fundamental human right to privacy. Therefore, those involved must regularly ask themselves what is appropriate to convey in the interest of the people and what they should keep to themselves. In situations that jeopardise the integrity of the beneficiary, his/her family and friends and those involved (state of necessity, duty to assist a person in danger), the home helper may disclose the information he/she holds and must bring it to the attention of the competent authorities. In relation to these situations, the first point of reference for the home helper is the management of the organisation who oversee his/her mission.

    Article 14: Litigation

    In the event of a dispute relating to the application of these conditions, the courts with territorial jurisdiction will be those of the organisation's head office.