Working conditions of temporary agency workers
The employer or the agency for temporary employing in accordance with separate regulation may agree in writing with an employee in an employment relationship on assignation him/her temporarily to perform work to another legal person or natural person (hereinafter referred to as “using employer”). The agency for temporary employing shall undertake, in the employment contract concluded between the agency for temporary employing and the employee, to ensure for temporary performance of work of the employee at the using employer, and shall agree on the conditions of employment.
The written temporary assignation agreement concluded between the employer and the employee shall mainly include the name and registered office of the using employer, date of inception of the temporary assignation, agreed duration of the temporary assignation, type of work and location of performance of work, wage conditions and the conditions for unilateral termination of the performance of work before lapse of the specified duration of temporary assignation.
Temporarily assignation may be agreed maximum on 24 months. Temporarily assignation of an employee to the same using employer may be extended or agreed again maximum four times within 24 months.
The using employer to whom the employee was temporarily assigned shall, during the temporary assignation, assign tasks to the employee on behalf of the employer or of the agency for temporary employing, organise, manage and control his/her work, issue instructions to him/her for the purpose, create favourable working conditions and provide for safety and protection of health at work to the same extent as applies to other employees.
During the temporary assignation the employee shall be paid wage, compensation of wage and travelling expenses by the agency for temporary employing. Working conditions including pay conditions and terms of employment for temporarily assigned employees must be at least favourable than those for a comparable employee of the using employer. Working conditions and conditions of employing are defined as:
a) working time, breaks at work, rest, overtime work, work standby, night work, holidays and public holidays,
b) wage conditions,
c) safety and protection of health at work,
d) compensation of damage in the event of an occupational accident or occupational disease,
e) compensation in the event of insolvency and protection of rights of temporary employees,
f) protection of pregnant women, mothers who have given birth within the last nine months, breastfeeding women, women and men who care for children and adolescents,
g) the right to collective bargaining,
h) catering conditions.
If the agency for temporary employing shall not provide assigned employee wage according to given working conditions, the using employer is obliged within 15 days from payment day to provide for this wage or difference of wage after performance of legal wage deductions.
The using employer, to whom the employee was assigned by the agency for temporary employing, shall
a) inform the temporary employees about all of his/her vacant jobs, in order to offer them the same opportunity for obtaining permanent employment as to other employees,
b) secure access of the temporary employees to his/her social services subject to the same conditions as his/her own employees,
c) enable the same access of the temporary employees to education, as to his/her other employees,
d) provide information to employees´ representatives about the use of temporary employees within informing about his/her employment situation.
The temporary assignation shall terminate by lapse of its agreed duration. Before that time the temporary assignation may be terminated:
– by agreement of the participants of the employment relationship
– by unilateral termination by the participants on the basis of agreed conditions.