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Labour Code amendment on temporary assignments

If adopted, the proposed amendment will bring several changes in the field of temporary assignments from 1 January 2015.

The new regulation proposes to set the maximum limit for temporary assignments at 24 months. A repeat temporary assignment can only be arranged for a maximum of four times during 24 months. The limitations apply to temporary assignment of the same employee to the same employer. This means that the employee will be considered repeatedly assigned even if assignment is to the same employer through another temporary job agency. Failure to meet these conditions means that an employment relationship for an indefinite period is established between the assigned employee and the borrowing employer.

According to the amendment, temporary job agencies must specify the date of termination of employment in employment contracts for a definite period. It will thus not be possible to specify the duration of employment for example for the duration of a temporary assignment, performance of specific work, or for the duration of a project. The only exception is work as a substitute employee (e.g. during maternity leave, parental leave, temporary inability to work). Termination of a temporary assignment also becomes a new reason for termination due to redundancy. In that case the appropriate notice period and potential severance pay apply.

The amendment also introduces a system of so-called mutual liability for payment of comparable wages to an assigned employee. This means that if a temporary job agency pays the assigned employee wages which are less favourable than the wages of a comparable employee of the borrowing employer, the borrowing employer will have to pay the difference. However, the amendment does not set sanctions for the temporary job agency which assigns the employee. Contracts between temporary job agencies and borrowing employers should thus precisely regulate sanctions as well as control mechanisms so the borrowing employer can verify if the wages have been paid in the required amount.

The proposed amendment to the Labour Code is currently at the second reading and is scheduled for discussion by Slovak National Council by the end of the year.

Source: Bill amending and revising Act No. 311/201 Coll. Labour Code (Parliament Journal No. 1212)