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The law 12/2015, amending the Labor Code 2015, brings news also in the temporary work sector. Thus, in terms of the payroll method of the temporary employees, the law 12/2015 stipulates at article 3:
“(3) The salary received by the temporary employee for each mission cannot be lower than the one received by the permanent employee who performs the same job or one similar to the temporary employee.
(4) In case if the user does not have a similar permanent employee, the salary of the temporary employee will be determined taking into account the salary of a person employed by individual labor contract and performing the same work or similar, as established by the collective labor agreement applicable to the user.”
A temporary employee will be paid at least equal to a permanent employee performing the same work.
Article 3 of the law 12/2015 complements the article 92 of the Labor Code which summarizes the user obligations regarding the temporary employees: to provide access to all the services and facilities in the same conditions as their employees and to ensure provision of personal protective and work equipment if the latter is not the temporary labor agent task as established in the contract.
A temporary employee is defined by the Labor Code as a person who has a temporary employment contract concluded with a temporary employment agency and can be made available to a user, person or company.
A temporary employee is available to the user based on a written contract.
During their assignment (period in which the temporary employee is available to the user to perform specific provisional tasks) the temporary employee is paid by the temporary work agent.
The agent is one that retains and pays the contributions and the taxes due to the state of the temporary employee. The temporary employment contract ends at the end of the mission for which it was signed or if the user drop out the employee before the end of the mission.
Also, the mission cannot be more than 24 months, but may be extended for successive periods which, added to the initial duration of the mission, cannot lead to a period exceeding 36 months. The mission may be extended as provided in the temporary work contract or as provided in an addendum to this contract.
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