If you are using the services of an employment agency and employ temporary workers you should know what are your obligations associated with it.
To understand the provisions on temporary work, basic definitions are important:
• Employer-user - an employer or any other entity which is not an employer entrusting employee directed by a temporary employment agency with tasks and supervising their implementation.
• Temporary worker - a worker employed by a temporary employment agency for the sole purpose of performing temporary work to the benefit, and under the management, of the employer-user.
• Temporary work - the performance, for the benefit of the employer-user (during a period no longer than the period specified in legislation) tasks:
• of seasonal, periodic or occasional nature or
• task whose timely performance by the workers of the employer -user would not be possible.
• tasks whose execution falls within the scope of resposibilities of an absent worker employed by the employer-user.
Restrictions on the use of temporary work
A temporary worker may not be entrusted the work which is particularly dangerous and in the post where the regular employee works "permanently" but is on a strike. In addition, temporary worker may not be required to work in the role which, during the period of 3 months preceding the planned commencement of the temporary work by a worker dismissed from employment on grounds not relating to the employee.
The period of performance of the temporary work
• Within a period of 3 years, the total period during which a temporary worker performs work for one employer may not exceed 18 months.
• If a temporary worker continuously performs work for the employer in question covering the tasks, the performance of which forms part of the duties of an absent worker, the period of temporary work may not exceed 3 years. In this case, after completion of the performance of the temporary work for the employer, the temporary worker may again be sent to temporary work for the employer not earlier than after 3 years.
Arrangement between an employer-user and a temporary employment agency
Upon concluding a contract with a temporary employment agency, as ‘employer-user, you have certain obligations. You should agree with the agency in writing the following:
• the type of work which is to be assigned to the temporary worker;
• qualifications required to perform the work which is to be assigned to the temporary worker;
• the anticipated duration of the temporary work assignment;
• length of working time of the temporary worker;
• the place where temporary work is to be performed.
When using the services of temporary staff by the agency, you should infom them in writing about:
• remuneration for the work which is to be assigned to the temporary worker, as stipulated in the regulatons on remuneration which are binding for the employer-user;
• conditions for the performance of the temporary work in the area of occupational health and safety.
You are also required to provide a temporary worker with working clothes and footwear and individual protection measures, provide refreshments and meals, carry out training on occupational health and safety, to determine the circumstances and causes of work accidents, conduct occupational risk assessment and report on this risk.
Prior to the conclusion of the contract, you should consult the employment agency:
• the scope of information on the course of the temporary work which affects the amount of remuneration for work of the temporary worker and the method and deadline for the submission of such information to the temporary employment agency for the purpose of the correct calculation of the worker's remuneration for work;
• the scope of delegating the duties of an employer from temporary employment agency to the employer-user regarding occupational safety and hygiene, other than those arising from the rules;
• the scope of delegating the employer's obligations to the employer-user regarding payment to cover the costs of a business trip.
The temporary worker leave
The employer-user and the employment agency may decide whether the temporary worker shall take leave in full or in part during the perfomance of temporary.
If the period of performing work for your company by the temporary worker lasts 6 months or more, you must enable him to use his/her leave during that period.
The rights and obligations of the employer-user
As the user-employer:
• you must ensure that the temporary worker has safe and healthy conditions at the place of work;
• you must keep a record of the working hours of the temporary worker (in the same way as in the case of the permanent workers);
• you cannot entrust the employee with work other than specified in the contract or entrust him with work for and under the management of another entity.
Remember that the temporary worker may not be treated less favourably in terms of working conditions and other terms of employment than workers employed permanently.
The employment of temporary workers by an employer who is a temporary employment agency and management of such workers and individuals who are not employees of a temporary employment agency to perform temporary work to the benefit of an employer-user, shall be subject to the conditions provided for in the Act of 9 July 2003 on the employment of temporary workers.Share Print