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A contract with a temporary work agency is a viable option for companies that need employees for a certain period of time.
There are a series of advantages for the organizations that choose to contract a temporary work agency.
The number of contracts signed between the temporary work agent and the company that requires temporary employees is not limited.
The mission duration for temporary work is set to a maximum of 24 months. This period may be extended by successive periods which added to the initial period, but not exceeding 36 months.
The company signs a temporary labor availability contract for using the temporary employee. Thus the temporary work agent is the employer and the company only “is given” the staff, as long as it needs.
The temporary labor availability contract:
At the same time, the company can offer to the temporary employee an individual labor contract, after he fulfilled the mission. The Labor Code provides that void any clause that would prohibit this employment. The only limitation refers to the fact that a company can benefit from the temporary employee services if intended to replace an employee with a suspended work contract due to participation in a strike (Article 93 of the Labor Code).
How does the temporary employee get paid?
Temporary employment contract is an individual labor contract signed between the temporary work agent and temporary employees, during a mission. Besides specific items of any individual work contract, there are listed the conditions for the mission to operate, the mission period, identity and location of user and also the amount and the terms of remuneration of the temporary employee.
It is possible to contract a framework contract for an indefinite period between the temporary work agent and employee. In this case, during two missions, the temporary employee is available for the temporary labor agent. For each new mission a contract for temporary work will be signed.
Temporary work agency is the one that pays the salary to the employee, he shall withhold and pay all contributions and taxes owed by the employee and pay contributions established by law. Also, the agent is the one who has the privilege of taking any action against the employee or his disciplinary dismissal, according to the provisions of the Labor Code.
Furthermore, as art. 12 of GD 1256/2011 which regulates the operating conditions and procedure for authorizing the temporary labor agent specified, this is required to keep track and record of temporary contracts in the general register of employees.
A probationary period can be established for the temporary employee, with reference to the mission he has to perform. The probationary duration depends on the period of temporary employment contract.
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