Hiring temporary workers – rules
Temporary work is a great solution for both employers and employees. For the former, it allows you to make up for staff shortages that arise, e.g. in the event of a longer absence of an employee or an increased number of orders. For the latter, it allows them to gain valuable experience and earn extra money seasonally. Find out how to hire temporary workers so that everything is done in accordance with the law.
Hiring temporary workers – the basics
According to the law, temporary work consists in performing tasks:
- seasonal, periodic, ad hoc,
- those which would not be possible to perform on time by employees employed by the user employer,
- those whose performance is the responsibility of an absent employee employed by the user.
Hiring temporary workers is also called employee leasing because it involves “renting” labor from another entity – a temporary employment agency. Therefore, three entities are involved in the procedure:
- temporary worker,
- temporary employment agency,
- Employer User.
The agency concludes two contracts – one with the employee and the other with the user employer. Formally, the agency is the employer of the hired employee and performs most of the related duties. Temporary work can be provided both as part of an employment relationship and on the basis of a civil law contract. In such a case, it is said that people who are not employees are sent to temporary work.
Restrictions on hiring temporary workers
Temporary work is used primarily in those sectors where low-skilled workers are needed. However, it is important to remember about certain restrictions related to its use. A temporary worker may not:
- be employed by the user employer at the same time,
- perform particularly dangerous work,
- perform work that requires arming with combat firearms or objects intended to incapacitate persons with the use of electricity, which require a permit,
- replace an employee who participates in a strike,
- hold a position in which another employee was employed in the last 3 months and the employment relationship was terminated for reasons not attributable to the employees.
A temporary employment contract must be concluded for a definite period of time. Temporary work cannot replace permanent work. In total, one employee may perform temporary work for a given user employer for a period not longer than 18 months in a 36-month period, regardless of the type of contract signed (employment contract, civil law contract). The limit may be raised to 36 months as an exception, but only if the temporary agency worker performs work on a continuous basis involving tasks belonging to an absent employee employed by the user employer.
What happens after the end of the temporary employment contract?
A temporary worker may obtain employment with the user employer after the expiry of the term of the temporary employment contract. Then he signs a completely new contract with him, and all previous arrangements are invalid. The user employer is also obliged to inform temporary workers about the positions for which recruitment is being conducted.
Hiring temporary workers – why is it worth it?
Hiring temporary workers brings many benefits for the employer. First of all, it is an excellent way to fill vacancies resulting from employee absences (e.g. due to health problems) or to strengthen human resources during periods of increased work. Thanks to quick and simple recruitment, it allows you to flexibly adapt to current needs and changes in the labor market. In addition, when hiring a temporary worker:
- most of the formal obligations are transferred to the employment agency, which allows you to minimize costs,
- when a position is liquidated, it is not necessary to pay severance pay to the temporary worker,
- you do not have to worry about the need to convert a fixed-term employment contract into an employment contract for an indefinite period,
- you can take advantage of a short notice period and the possibility of dismissing an employee without giving a reason,
- compensation can be obtained from the agency if the temporary worker causes damage to the employer user during the performance of work,
- You do not have to worry about most HR and payroll issues or the administration of the temporary worker’s personal data – these types of duties belong to the agency.
Of course, hiring temporary workers also involves certain obligations and risks, but their scale is much smaller than in the case of traditional employment.
Temporary worker – how to acquire one?
Are you interested in hiring temporary workers? Use the services of an experienced agency, such as Leasing Team, and the whole procedure will be simple and pleasant. Fill staff gaps and enjoy minimum costs and liability. We will make sure that you have employees who perfectly meet the requirements. We will take care of the entire recruitment process, prepare a temporary employment contract beneficial for all parties and take care of most of the formalities. We invite you to cooperation!
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