The temporary work agent plays an important role in the dynamic and ever-changing business environment, facilitating employers’ access to flexible labor and helping employees to find short-term jobs. In this context, temporary work agencies are becoming indispensable partners for companies seeking flexibility and efficiency in hiring short-term staff.

The temporary agent work relationship involves 3 parties: 

1. The temporary work agent

2. The temporary employee

3. User 

Temporary work is a legal person, authorized by the Ministry of Labour, Family and Social Protection, who concludes temporary employment contracts with temporary employees, in order to place them at the disposal of the user, to work for the period established by the contract of provision under the supervision and direction of the user. 

A temporary employee is a person who has concluded a temporary employment contract with a temporary work agent with a view to being placed at the disposal of a user to work temporarily under the latter’s supervision and direction.

The user is the natural or legal person for whom and under the supervision and management of which temporarily works a temporary employee provided by the temporary work agent.

Temporary agent work is based on 3 legal relationships, as follows:

1. The first legal relationship is established between the temporary work agent and the temporary employee, which is a genuine employment relationship.  A temporary employment contract is concluded between the parties, for the duration of one or more assignments, which contains, in addition to the contractual clauses specific to an individual employment contract, the conditions under which the assignment is to be carried out, the duration of the assignment, the identity and headquarters of the user, and the amount and terms of remuneration of the temporary employee.

The temporary work agent may conclude an employment contract of indefinite duration with the temporary employee, in which case the temporary employee shall be at the temporary work agent’s disposal between assignments. A temporary employment contract is concluded between the parties for each new assignment.

The temporary work agent shall be obliged to pay the temporary employee the same salary as an employee of the user who performs the same or similar work as the temporary employee.

Although the temporary employee is under the supervision and direction of the user, it is the temporary work agent who will pay the employee’s wage entitlements and the contributions and taxes due by the employee to the state budget. 

The salary received by the temporary employee for each assignment shall be determined by direct negotiation with the temporary work agent and may not be less than the guaranteed minimum gross national wage.

The user who has paid the sums due shall be subrogated, for the sums paid, to the rights of the temporary employee against the temporary work agent.

A temporary work agent who dismisses a temporary employee before the time limit laid down in the temporary employment contract for reasons other than disciplinary ones is required to comply with the legal rules on termination of the individual employment contract for reasons other than the employee’s own personal reasons.

The duration of such a contract is usually fixed, with a maximum limit of 24 months, with the possibility of extension for a total period not exceeding 36 months. This ensures flexibility for employers, but also provides some stability for employees.

2. The second legal relationship is between the temporary work agent and the user on the basis of a contract of assignment, which must include the conditions of the assignment, the duration, the specific characteristics of the post, the remuneration to which the temporary employee is entitled, etc. 

Any clause prohibiting the user from engaging the temporary employee after the completion of the assignment shall be null and void.

3. The third legal relationship is between the temporary employee and the user who supervises and directs the work of the temporary employee. In this case a temporary employment contract will not be concluded as there is no employment relationship stricto sensu between these two parties. 

However, the user has certain obligations towards the temporary employee, as follows:

• to ensure that the temporary employee is provided with personal protective and work equipment, except where the temporary work agent is responsible for providing this equipment under the contract of assignment
• the user shall be responsible for providing the temporary employee with working conditions
• ensuring that the temporary employee has access to the vocational training courses which he organizes for his employees
• to ensure that temporary employees have the same rights as those of employees employed under an individual contract of employment with the user, conferred by law, by the internal rules or by the collective bargaining agreement applicable to the user, and by any other specific regulations applicable to the user
• inform temporary employees of all existing vacancies.

If the temporary work agent within 15 days from the due date does not fulfill his obligations regarding the payment of salary and those regarding contributions and taxes have become due and due, and, the user will pay them based on the request of the temporary employee.

Upon termination of the assigment, the temporary employee may conclude an individual employment contract with the user.

The temporary employment contract shall terminate either upon completion of the assignment for which it was concluded, or if the user terminates the services of the employee before the end of the assignment, in accordance with the terms of the contract of assignment. 

If the user decides to terminate the services of the temporary employee, he must notify the temporary work agent, who in turn will inform the temporary employee, bearing in mind that the only legal employment relationship between the agent and the temporary employee is that of the temporary employee.

In conclusion, temporary work agents contribute significantly to the flexibility of the labor market, providing solutions tailored to the needs of both employers and employees. In an ever-changing economic landscape, it is essential that all parties involved know their rights and obligations, guaranteeing a fair and efficient working environment. Promoting transparency in employment relationships will facilitate not only collaboration, but also the professional development of temporary employees, transforming them into valuable resources for employers.

Author: Atty. Felicia Cioflan