Working through a temporary work agency
Working through a temporary work agency
Is a temporary employment agency an employer?
A temporary work agency is the legal entity, authorized by the Ministry of Labor and Social Protection, which, for a fixed period, makes available to another commercial company (user) the employees it has.
What is a temporary employment contract?
A temporary employment contract is an individual employment contract that is concluded in writing between the temporary employment agent and the temporary employee, for the duration of a mission.
Who ensures the conclusion of the temporary employment contract?
Drafting the temporary employment contract is ensured by the temporary employment agent.
The temporary employment contract must specify the conditions under which the mission is to take place, the duration of the mission, the identity and headquarters of the user, as well as the amount and methods of remuneration of the temporary employee.
Can the temporary employment agency also conclude a permanent employment contract with the temporary employee?
Yes. The temporary employment agent may also conclude a permanent employment contract with the temporary employee, in which case, in the period between two assignments, the temporary employee is at the disposal of the temporary employment agent.
Is a temporary employment contract registered and transmitted in the General Register of Employees?
Yes, late on the day before the start of the activity.
Who pays the salary rights for the work done by temporary employees, the agent or the user?
The salary rights are paid by the temporary employment agent, who also has the obligation to withhold and pay the taxes due to the social insurance budget.
The salary received by the temporary employee cannot be lower than that received by the user's employee, who performs the same work or similar to that of the temporary employee.
Who pays the salary if the temporary work agency does not fulfill its payment obligation?
In the event that within 15 calendar days from the date on which the obligations regarding salary payment and those regarding contributions and taxes have become due and payable, and the temporary employment agency does not execute them, they will be paid by the user, based on the temporary employee's request.
What are the working conditions of a temporary employee?
Temporary employees have access to all the services and facilities granted by the user, under the same working conditions as the other employees thereof.
What is the duration of a temporary work assignment?
The period during which the temporary employee is made available to a user to work temporarily under their supervision and management represents the temporary work assignment. The temporary work assignment can be established for a term that cannot exceed 24 months.
The temporary work assignment can be extended for successive periods which, added to the initial duration of the assignment, cannot lead to exceeding a period of 36 months.