Employment through a temporary employment agency - what is worth knowing?

If you are looking for a job, you should know about the different types of employment. Did you know that you can only find gainful employment for a certain period of time? You don’t have to work full-time. In such a case, it is worth choosing employment through a temporary employment agency. Migconstruction is a company that recruits employees for foreign companies, mainly from the construction industry. We have helped countless groups of people find jobs. Working through us is an attractive solution that guarantees, among others: great flexibility and a chance to gain new experiences.

Employment through an employment agency – legal basis

The employment of temporary workers by employers is regulated in the Act of July 9, 2003 on the employment of temporary workers. We operate in accordance with the Act of April 20, 2004 on employment promotion and labor market institutions.

Temporary work, within the meaning of the above acts, is a legal relationship. Three entities are involved in its establishment – we as an employment agency, a temporary employee and the user employer. The latter is an entity that assigns tasks to an employee referred by a temporary employment agency and monitors their implementation. A temporary employee is an employee employed by a temporary employment agency solely for the purpose of performing temporary work for and under the direction of the user employer.

It is worth emphasizing that the user employer does not conclude a contract with the interested candidate, but with us, as a temporary employment agency. However, by law he has powers that allow him to organize and check the work of a temporary employee.

Employment through an employment agency – rules

The employment of a temporary employee and the rules related to it are strictly defined. What is most important is the form of cooperation with such a person. According to the law, you can sign with a temporary employee:

fixed-term employment contract,
a civil law contract, but only if the nature of professional duties and the manner in which they are performed allow it.

A temporary employee may perform professional tasks for one user employer only for a specified period of time. The regulations specify that the maximum period of work is 18 months if they occur within the next 36 months.

In addition, a temporary employee has many rights similar to those of standard employees. First of all, he can take vacation leave. He is entitled to 2 days off for every 30 days of employment. Moreover, it can also go to L4. However, it is worth remembering that he gains the right to receive sick pay only after 30 days have passed since his employment.

What are we responsible for?

Our role is to acquire candidates, prepare all necessary documents and employ future employees. We deal with the documentation aspect of cooperation, while the user employer provides the employee with work. We are the direct employer of all employees. In practice, this means that we calculate and pay the employee’s remuneration.

For foreigners:

we check documents legalizing stay and employment,
we contact government services,
we prepare all necessary documents for employees,
we provide assistance in submitting documents on the residence card.

Temporary work, does it count towards seniority?

Temporary work is included in the length of service if it is performed under an employment contract.This type of contract guarantees the employee that the period of work is included in the length of service. Additionally, the Act (of July 9, 2003, Journal of Laws 2003, No. 166, item 1608, Art. 18a, 1.) obliges us to issue an employment certificate to the employee for the period in which he or she performed the job, along with specifying the date of issue. such a document.

However, what if temporary work is commissioned on the basis of a civil law contract, e.g. a mandate contract? This type of employment relationship is not subject to the Labor Code, so it is not included in the length of service. To sum up – the condition for including temporary work in the length of service is an employment contract.

Summary

Employment through a temporary employment agency is becoming more and more popular in today’s labor market. We act as intermediaries between the employer and the employee. In practice, this means that we are the formal employer and the employee performs tasks for the agency’s client. This employment model has its advantages, such as greater flexibility and the ability to quickly gain experience in various industries. Temporary workers can count on various forms of support from us. This includes assistance in finding appropriate job offers and adapting them to the skills and preferences of a potential employee.