Temporary work is a form of employment in which temporary work agency hires an employee and then provides employees to a userundertaking (herein after a user employer). The employment agreement is signed by an employee and the temporary work agency – as an employer. The employment contract can be concluded only for a specified period of time or for temporary employment. The work agency in the framework of the agreement with a user employer provides a user employer with a certain number of employees on fixed positions. However, a user employer scope of activity sets its to an employee and verifies its execution.
Our temporary work agency operates on the basis of the certificate issued by the Marshal of the Province and the entry in the National Register of Employment Agencies. The agency was entered under the register number 12272 and received the appropriate certificate.
Each agreement is concluded of between three parties: a temporary worker – a temporary work agency and a user employer. This means that formally a worker is employed by the temporary work agency but a worker performs duties for and at employer’s. This form of cooperation does not directly connect employees with a employer user.
Documents necessary to conclude a contract with a temporary work agency:
- personal questionnaire,
- employment certificates from previous jobs (employment during the calendar year in which an employee is applying for employment),
- evidence of formal qualifications required for the job,
- a valid medical certificate issued by the Occupational Medicine, indicating the absence of contraindications for work at a given position.
An employment contract entered into by a temporary work agency with a temporary worker should be concluded in writing and shall contain at least the following information:
- type of contract and the date of conclusion of the contract,
- parties and the expected duration of the temporary work,
- type of work to be entrusted to temporary employee,
- working time,
- place of temporary work,
- remuneration for work and terms and conditions of paying the remuneration by a temporary work agency.
An employee signs a contract of employment only with a temporary agency. In turn an agreement between a temporary work agency and a user employer regulates all matters relating to the secondment of employees to work.
During 36 consecutive months a temporary work agency which employs a temporary worker may refer the employee to perform temporary work for one employer member for a period not exceeding a total of 18 months.
Rights and obligations of the employee
An agency worker has the right to be treated on a par with the employees of a user employer. This means that she/he has the same rights and obligations. A temporary employee is therefore obliged to do their work conscientiously and carefully, take care about the welfare of the workplace, protection of her/his property and keep in secret the information about a user employer and to follow the orders of superiors that relate to employment if they are not contrary to the law. In operation, a user employer provides access to the company’s social rooms on the basis applicable to all the employees of company.
A temporary employee is entitled to two days of paid leave for each month of work for one or more than one user-employer. While working for a user – employer for a period of 6 months or longer, an employee is entitled to ask for leave requested. Leave shall be granted on days which are working days for a temporary employee.
In the case of leave that is unused by a temporary employee in the period of temporary employment, an employment agency pays an employee a cash equivalent in exchange for the unused leave or the unused portion.
Obligations of the employer
When performing temporary work this is a user employer who is obliged to deliver for the temporary worker clothing and footwear and personal protection measures, provide drinks and prophylactic meals as well as to carry out safety and health training at work, etc.
Certificate of employment
Upon completion of a contract of employment this is a temporary work agency, and not the user employer which issues a certificate of employment at the request of the employee. Employment certificate shall be issued within 7 days from the date of the request, and if the issue within this period it is not possible to receive it, no longer than in other 7 consecutive days, a work certificate shall be delivered to the temporary worker or a person authorized by her/him in writing.