Temporary work
Temporary work
"I registered with a temporary employment agency and signed a contract. I'd like to know what happens if I find work through the agency and am taken on by the company; do I remain linked to the employment agency?"
Corinne, Vaud
Temporary work (also known as temping) is a special type of employment relationship. The worker is bound by an employment contract to the lessor of the service, i.e. the employment agency; however, he is not bound to the lessee of the service (the company that uses his services), even if he is going to work there.
The Federal Act on Employment Services and the Hiring of Services (LSE) regulates this type of relationship. This law lays down a number of measures: the contract between the service provider and the employee must be in writing and contain, among other things, the type of work to be performed, the duration of the contract and the working hours.
It is important to point out that, under art. 20 of the LSE, if the company hiring the worker is subject to a collective labour agreement that is binding on the sector, the agency employing the worker must apply the provisions of that agreement relating to pay and working hours, particularly as regards pay due in the event of incapacity to work.
Lastly, the agency cannot prevent you from concluding an employment contract with the company that may wish to hire you. Article 19 para. 5 letter b of the LSE stipulates that any agreement that prevents or hinders an employee from transferring to the company hiring him, once his employment contract with the lessor has expired, is null and void. The same applies to agreements concluded between the lessor and the lessee; the lessee company must be able to conclude an employment contract with the employee once the lease has expired.
This means that once you have completed your "assignment" with the company hiring the service, you will be free to sign an employment contract with it.
