Every year in Spain almost 4 million contracts are formalized through a temporary work agency. It is common for there to be workers or employers who do not know the rights of the worker of an ETT company,
as well as its most important characteristics.
In this post, we explain all the rights of these workers and if there are differences between a worker of a user company and those assigned.
What is an ETT company and how does it work?
A Temporary Work Agency or ETT is a company that offers intermediation services in the labor market to the user company, that is, another company.
The latter hire temporary employment agencies to recruit candidates and, finally, the employee will provide services to the user company.
For many workers, working through one of these companies brings flexibility and temporality.
However, according to different studies carried out by thesecompanies, 30% of employees who start with an ETT end up being hired.
Among the most common
types of contracts
made by these companies, would be those of interim, work and services or those of circumstances of production.
For companies, the fundamental advantage of having a Temporary Work Agency is the cost savings, especially when recruiting employees, although the saving of time in the search and selection of suitable candidates, as well as in administrative procedures, is also highlighted. .
The process is streamlined and you can count on an employee immediately.
On the other hand, the salary in the company must be the same,regardless of where the employee comes from, with bonuses or overtime performed.
The rights of work in a user company
Are you a company and need to integrate temporary workers into your workforce? If the answer is yes, keep in mind that the user company must comply with the following rights with an employee from an ETT:
- The employee selected from an ETT company must be applied the same agreementas the rest of the workers, without discrimination between the employees both in the essential conditions and in the remuneration of the work performed.
- Health and safety protection is vital. The protection of women who are pregnant or equal treatment must be paramount. In addition, the employee must contribute for unemployment and be registered in the Social Security.
- The employee of one of these companies must receive the same salary for the work done as those who are within the user company. It should be remembered that the payroll is paid by the ETT,not the user company. In some cases it may seem that they pay more, because the payroll includes prorated extra pay and vacations.
- The ETT company must not discount the worker for intermediation or other services. That is, the employee should not be burdened with any kind of commission.
- When the work in the user companies is finished, the employee is entitled to receive compensation for the end of the contract,as established by law.
- The worker must be trained in occupational risk prevention. In this case, the company must undertake to provide the necessary practical training, the company being responsible for the protection of the employee himself.
And what are the rights of the worker in a temporary employment agency?
Among the main rights of the employee in relation to the temporary employment agency,would be the following:
- The ETT company is the one that must contribute to the employee’s Social Security.
- The contract between the temporary employment agency and the employee must be made in writing,delivering a copy to the employee and communicating this hiring to the Employment Office.
- The fixed-term contract must have the following detailed information: identification of the parties, characteristics of the job to be performed, schedules, place, collective agreement and economic remuneration.
Is there a difference between workers in a user company and workers transferred to the company by an ETT?
No. In fact, the National Court issued a ruling in December 2017 between a Temporary Work Agency and a telecommunications company.
It reflected the need to apply the measures agreed in the company to workers from the ETT.
The ruling places all workers in Temporary Work Agencies to enjoy the same rights as those of the user company,even more so when they perform the same tasks within the company.
rights of the worker of an ETT company
are the same as those of the user companies.
The legislation goes so far as to provide that the rights of employees must not be undermined.
Likewise, the most common contracts made by Temporary Work Agencies are temporary ones, taking up half of the documents, while 40% corresponded to work and service contracts. The rest were training, internship or interim.
If after reading this article you have doubts, in AYCE Laborytax you have a team of
specialized labor advisors
ready to help you.