Temporary worker
Who is a temporary worker?
A temporary worker is a person employed to perform temporary work for and under the direction of the user’s employer. Employment is based on an employment contract or on the basis of a civil law contract, with a temporary employment contract being a special version of an employment contract. In any case, an employment contract or other basis for a civil law contract is concluded with a temporary employment agency and not directly with the user employer.
This design means that the temporary worker performs duties for and under the direction of the user employer, but the temporary employment agency remains the formal employer. It is responsible for issues related to the employment relationship, social security and the implementation of the employer’s rights and obligations within the meaning of labour law.
Characteristics of the work entrusted to the temporary worker
Temporary work consists in performing tasks for one user employer for a certain period of time, most often in connection with periodic staff needs. It may be seasonal or relate to a substitute in the performance of duties of an absent employee, for example during the period of sick leave. In such a situation, the temporary worker takes over the duties of an employee of the user’s employer, and the place of work is the workplace or other organizational unit of the employer in question.
Although the temporary employment agency remains the formal employer, the current organization of work and supervision over its performance belong to the user’s employer. A temporary worker performs the tasks entrusted to him in accordance with the qualification requirements specific to the position and the rules applicable to the user’s employer.
Terms and conditions of temporary work
The terms and conditions of employment of a temporary worker, including working and remuneration conditions, should comply with the principle of equal treatment compared to workers employed directly by the same user employer in similar positions. This means that a temporary worker cannot be treated less favourably in terms of basic employee rights. This principle also covers occupational health and safety issues, including ensuring safe and hygienic working conditions and appropriate personal protective equipment. In special cases, if the specifics of the position so requires, the user employer is also obliged to provide other necessary measures, in accordance with the applicable regulations.
Before concluding the contract, the temporary employment agency agrees with the user employer on the type of tasks entrusted to it and the conditions for performing temporary work. The provision of work for a given user employer is limited in time and may only take place within the limits set out in the regulations governing the employment of temporary workers.
The importance of temporary employment agencies for the market
Temporary employment agency services are used by organisations that want to hire a temporary worker due to increased staffing needs, the implementation of specific projects or the need to fill staff shortages for reasons not related to permanent workers. In this model, it is the temporary employment agency that remains the formal employer and is responsible for paying the employee’s remuneration, while the user employer bears the costs of the service in accordance with the concluded agreement.
During the period of temporary work, the employee gains professional experience and learns about the specifics of the functioning of various organizations. At the same time, his professional situation may be less stable than in the case of a person employed directly by the user’s employer on the basis of a permanent employment contract.
A temporary worker is an important element of flexible forms of employment. This model, based on cooperation between the temporary employment agency and the user employer, allows for efficient organization of work and adaptation of human resources to the current needs of a given employer, while maintaining the standards of protection of employee rights.
