Temporary employment agencies (hereinafter ETTs) have the activity of making workers hired by it available to another company, the “ user company ”, on a temporary basis . Carrying out this activity requires prior administrative authorization. The ETT must meet a series of requirements to obtain authorization; the Administration has one month to resolve and, surprisingly, in this case, the administrative silence is positive . Once granted, the authorization will remain valid as long as the company meets the legal requirements, without the need for extensions or renewals of any kind. For more information on legal terms, detemaslegales.com will help you resolve any legal questions.
The main characteristics of Temporary Employment Agencies are:
Service organization whose productive purpose is to supply workers to the user company.
Workers must be previously hired by the ETT .
This is a form of worker transfer .
The transfer of workers will only be legal if it is done through a temporary employment dentist database agency (ETT) if it is not subject to the prohibition set out in article 43 of the Workers' Statute. Only duly authorised ETTs can carry out this activity.
How temporary employment agencies work
The hiring of staff is carried out by a temporary employment agency, duly regulated by law, there is a triple employment relationship:
Relationship between the worker and the temporary employment agency, since the worker must be hired by the ETT, that is, there is an employment relationship. The obligatory form of the contract is written, and must be communicated to the public employment office within 10 days of its signing . If you are part of an ETT and want to know all the requirements that must be carried out, you can consult tramitess.com where they explain the most important procedures according to the country you are interested in, and all are resolved by experts in the field.
Relationship between the ETT and the user company . In this case, it is a commercial relationship . The ETT recruits, trains and hires workers to carry out the functions that the company using the service needs. The purpose of the contract is the transfer of personnel. It is required that it be done in writing,
There is a functional relationship between the user company and the worker since the worker performs his or her duties for the company.
Structure of a temporary employment agency
What type of contract do temporary employment agencies use?
Temporary employment agencies can only make temporary contracts , as regulated by law. The type of contract will depend on the reasons for which the incorporation of workers is requested:
Contract due to production circumstances (in a certain period of time there is an increase in activity in the company).
For a specific job or service (workers are needed to carry out a specific activity with substance and autonomy from the company's ordinary activities).
Interim (substitutions or covering temporary disability processes) .
How much and how do temporary employment agencies pay?
By law, the salary of a worker who belongs to a Temporary Employment Agency and that of a worker who belongs to the staff of the user company must be the same. The salary is established by the agreement to which the user company adheres.
Even the final payroll of a worker hired by a temporary employment agency can be higher, since vacations and extra payments are settled month by month.
Temporary employment agencies cannot keep any part of the worker's salary, this is an illegal practice . A worker hired through an ETT does not pay any costs for his/her hiring.
Advantages and disadvantages of working in a temporary employment agency
The advantages of a temporary employment agency include the possibility of combining work with other activities, such as studies. It is also an opportunity for people who are entering the labour market for the first time. If the company that uses it likes the worker who comes from a temporary employment agency, it can incorporate him or her into its staff indefinitely.
The supply of labor is temporary
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