All temporary employment agencies are required to draw up at least two types of contracts for the provision of temporary, occasional or seasonal workers to draw up at least two (02) types of contracts:
- A contract for the provision of the worker, signed with the user company;
- An employment contract, governing the working relationship, signed with the worker
In addition to the contracts referred to in paragraph 1 above, a temporary employment agency may sign a framework agreement with the user company, setting out all the services offered for all the staff made available. This contract is governed by the rules of common law.
A written secondment contract must be signed between the temporary employment agency and the user company for each worker seconded.
The secondment contract must include the following information:
- The reason for the temporary, occasional or seasonal work;
- The term of the temporary assignment, including, if necessary, a clause the possibility of modifying this term;
- A description of the position to be filled, specifying its characteristics and the professional qualifications required;
- The remuneration paid to the temporary employment agency on behalf of the worker, the place of work and the working hours.
The contract may not exceed, including renewals, one (01) year with the same user.
The elements making up the financial compensation paid to the temporary employment agency by the user company are set by order of the Minister responsible for employment matters.
The terms and conditions of renewal of the secondment contract are set out in the contract itself.
The secondment contract may only be terminated in the event of gross negligence, force majeure or by mutual agreement recorded in writing.
A signed, written employment contract must be drawn up between the temporary employment agency and the worker.
In addition to the usual terms and conditions of individual employment contracts, the contract drawn up for a worker on temporary assignment must specify in particular:
- The employee’s qualifications;
- The position to be filled or the responsibilities entrusted within the temporary work or secondment company;
- The duration of the employment contract;
- The basic salary, bonuses and other benefits due, and the terms of payment.
Workers recruited by a temporary employment agency are entitled to seniority, in accordance with the applicable legislation. It is calculated by adding together the periods during which the worker concerned has been bound by an employment contract.
Except in cases of gross negligence, force majeure or agreement between the parties recorded in writing, the contract binding the temporary employment agency to the worker on secondment may not be terminated before the stipulated term.
If the employment contract is terminated before the end of the term, the temporary employment agency must offer the worker a new contract within thirty (30) days of the date of notification of the termination. If this is not the case, the contractor is obliged to pay the worker a remuneration equivalent to that which he would have received until the end of the contract.
Early termination due to the employee’s fault entitles the temporary employment agency to damages in accordance with current legislation and regulations.
The employee benefits from all social protection measures provided for by social security legislation. The related contributions, as well as any taxes payable by the worker, are the responsibility of the temporary employment agency:
- The user company, in the case of a secondment contract;
- The temporary employment agency, for workers not on secondment.
Obligations relating to occupational medicine are the responsibility of:
- The user company, in the case of a secondment contract;
- The temporary employment agency, for workers who are not on secondment.
In the event of an accident, the temporary employment agency is responsible for reporting it. To this end, the user must communicate to the temporary employment agency, within the time limits stipulated by the legislation and regulations in force, information relating to the compensation and prevention of accidents at work and occupational illnesses, and any accident the occurrence of which has been brought to the user’s attention.
On expiry of the contract, the employee is entitled to vacation pay in accordance with current legislation.
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