Temporary contract is a special type of agreement with an employee. The most peculiar thing about it is that there are twoóemployers, namely the temporary employment agency and the user employer for whom the employee performs work. The period of employment is strictly limited in time and counts as seniority. What else characterizes a temporary employment contract?
Rós differences between an employment contract and temporary work
In the case of an employment contract, we are dealing with a relationship between the employer, as the entity commissioning the work, and the employee. A temporary employment contract, on the other hand, implies a relationship of three parties, namely the user employer commissioning a specific job, the agency directly employing the employee and taking on all administrative and personnel and payroll matters, and the temporary employee. An employment contract can be concluded indefinitely, while a temporary contract, as the name suggests, is concluded for a specific period of time.
What is the term of an employment contract with a temporary employment agency?
All rules and regulations for temporary contract employment are contained in the Law of July 9, 2003. OJ. 2003 No. 166 item 1608 on the employment of temporary employeesów. Amongós provisions, one can find information on, among other things, vacation, termination of a temporary employment contract and the working hours of a temporary employee with a single user employer. According to the law, a temporary employment agency may assign an employee to work for a single user employer for a period thatós total will be a maximum of 18 months within a consecutive 36-month period.
Temporary employment contract and Social Security contributions
Employment under a temporary employment contract implies that the payer of the employeeós contributions is not the employer for whom the employee performs work, but the temporary employment agency. It is the agency that reports the employeeós contributions to the Social Insurance Institution and covers the cost of employment. The user employer settles accounts with the agency in accordance with the contract, and the employment agency is responsible for paying the employee's salary, making contributions and paying taxes for him. This is also the case when the work is performed abroad.
Temporary employment contract vs. L4
Because contributions are paid under the contract, once a temporary employment contract is signed, the employee is entitled to sickness benefits. The Law on the Employment of Temporary Workersós formulates that temporary workers here are subject to the same provisions of the law as employees under a contract of employment. The employee becomes entitled to sick pay after 30 days of employment. The salary is paid from the fundsóof the temporary employment agency for each day of inability to work and is calculated according to the rules used to determine the basis for sickness benefit.
Temporary employment contract vs. maternity benefit
The issue of temporary employment contract vs. sick leave is also an important topic from the perspective of maternity leave. A temporary employee rós rights in the case of pregnancy are the same as those of full-time employees employed by the employer. If a woman has worked for a total of 2 months, the duration of her contract should be extended until the date of delivery, provided that the existing contract would be terminated after the 3rd month of pregnancy. In this wayób the woman retains continuity of employment and acquires rights to receive maternity benefits from the Social Security. This is because, according to the Labor Code, in order to be eligible for maternity benefits, an employee must be insured for an uninterrupted period of 90 days.