The TEA and the indirect employer are jointly and severally liable to the temporary employee under a contract or employment relationship to satisfy their salary rights and pay their insurance contributions. This liability of the indirect employer is suspended, provided that the contract stipulates that the direct employer is liable for the payment of salaries and insurance contributions and that salary and insurance rights are temporary.
The provision of employment in the form of temporary employment requires a prior written employment contract of definite or indefinite duration. The contract is drawn up between the TEA (direct employer) and the employee and it must necessarily indicate the working conditions and the work duration, the terms of the provision of work to the indirect employer or employers, the terms of remuneration and insurance of the employee, the reasons for the assignment of the employee, as well as any other information of which, in good faith and under the circumstances, the employee must be aware with regard to the provision of his work. The TEA undertakes to proceed to the conclusion of a contract of dependent employment of definite or indefinite duration with the temporary employee and to announce and submit the respective contract to the competent bodies [Labor Inspectorate (SEPE), Unified Social Security Fund (EFKA)], etc.
The duration of the employee’s assignment to the indirect employer, which also includes any possible renewals made in writing, shall not exceed thirty-six (36) months. In the event that such time limits are exceeded, the existing contract is converted into a contract of indefinite duration with the indirect employer.
If the employment of the employee by the indirect employer continues after the expiration of the initial placement and of any legal renewals even with a new placement, without an interval of forty-five (45) calendar days, this is considered an employment contract of indefinite duration between the employee and the indirect employer.
