As of June 1, 2017, the rules re: employment of temporary workers changed. There are new time limits in force.

Before the amendments, there were only restrictions on the side of the temporary work agencies. The agencies could not send temporary workers to perform work for a given employer for more than 18 months (within the following 36 months). However, there was no restriction as to the time the hiring employer could use the employee's work. In practice, it was enough that after first 18 months of work for a given hiring employer, the same person was re-directed to work for the same employer, but by another agency. In this way the worker could work for the same employer for another 18 months. At the end of that period, they could be re-directed by the first agency. As a consequence, the temporary worker could work for the given hiring employer for an unlimited period of time.

After 1 June all the above mentioned restrictions have been maintained. However, now the time during which the hiring employer can use work of the temporary worker has been also limited. As a rule, it cannot be longer than 18 months (within the following 36 months), regardless of whether the employee is directed by one or by a few different agencies. The restriction applies to all persons employed by temporary work agencies, both on the basis of employment contracts and civil law contracts.

Due to the restricted possibility of using temporary workers, hiring employers may need to employ them on a permanent basis. At this point, some obstacles may appear. In many contracts with temporary work agencies there are clauses restricting or excluding possibility of employing temporary workers directly by hiring employer, in particular obligations to pay compensations for agency in case of employing of temporary worker on a permanent basis. Such restrictions may be effectively challenged as they restrict the freedom of work, which is one of the fundamental constitutional values. They are also contradictory to the essence of temporary work which, from its very nature, should be limited in time.

Other important changes related to temporary work are particularly as follows: the hiring employer will be required to keep records of all temporary workers and the agency should be notified by hiring employer of remuneration regulations re: temporary workers and any changes in these regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.