Author: enidea@epafos

Respect for Laws

Private employment services shall comply with all relevant legislation, statutory and non-statutory requirements and official guidance covering their activities. This principle explicitly covers the prohibition to use forced or bonded labour, human trafficking and child labour.

Respect for Health and Safety at Work

  • Private employment services shall act diligently in assessing risks in order to promote the health and safety of workers in their workplace.
  • Private employment services shall inform workers whenever they have reason to believe that any particular assignment causes an occupational health or safety risk.

Respect for Principle of Non Discrimination

  • Private employment services shall treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other form of unlawful and unethical discrimination covered by national law and practice, such as age or disability.
  • Equitable, objective and transparent principles for the calculation of workers’ wages shall be promoted, considering national legislation and practices.

Respect for the Worker’s Rights

  • Private employment services shall not in any way deny the right of freedom of association and collective bargaining of their employees.
  • Private employment services shall not require workers to provide a monetary deposit or other collateral as a condition of employment and shall not withhold workers’ identification cards, passports or other residency papers, or other personal belongings.
  • In accordance with national law and practice, private employment agencies shall not make workers available to a user company to replace workers of that company who are legally on strike.

Respect for Confidentiality

  • Private employment services shall ensure confidentiality in all of their dealings.
  • Private employment services shall ensure that permission has been given and documented before disclosing, displaying, submitting or seeking confidential or personal information or data obtained in connection with employment and recruitment activities.

Respect for Quality of Service and Fair Competition

  • Private employment services shall ensure that their staffs are adequately trained and skilled to undertake their responsibilities and assure a high quality service.
  • Private employment services shall assure mutual relations based on fair competition. They shall not discuss together any topic that would fall under anti-competition regulation.

What is the object of a Temporary Employment Agency?

The object of the activity of a Temporary Employment Agency is the provision of work by their employees to another employer (indirect employer) in the form of temporary employment.

A Temporary Employment Agency is a natural or legal person entering into employment contracts or dependent employment relationships with temporary employees, in order to assign them to indirect employers to work temporarily under their supervision and direction.

The Temporary Employment Agency is not allowed to carry out any other activity. Exceptionally, it is allowed to carry out the following activities:

  1. evaluation and/or training of human resources
  2. mediation to finding a job, for which a special permit is required.

Obligations of direct and indirect employer

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.

Occupational safety and health for temporary employees

As regards occupational safety and health, employees under a contract or temporary employment relationship enjoy the same level of protection as that provided to the other employees of the indirect employer.

The indirect employer, without prejudice to the contractual provision for the TEA’s joint and several liability as well, is responsible for the conditions under which the employee’s work is performed and for the occupational accident.

The TEA has the obligation to employ a safety technician and an occupational physician, regardless of the number of employees it employs.

Restrictions or prohibitions

The assignment of an employee to an indirect employer under a temporary employment contract is not allowed:

  • when it replaces employees exercising the right to strike
  • when in the previous six months the indirect employer had laid off employees of the same specialty for economic and technical reasons or, in the previous twelve months, had collectively laid off employees of the same specialties
  • when the indirect employer is a company governed by public law
  • when the tasks, by their very nature, pose particular risks to the health and safety of the employees. Such tasks are determined by a decision of the Minister for Labor and Social Security following an opinion from the Council for Health and Safety at Work
  • when the employee is subject to special provisions for the insurance for building craftsmen.
  • 1
  • 2
ΕΝΙΔΕΑ Λογότυπο

Μember of the World Employment Confederation and the World Employment Confederation – Europe, part of WEC.

© 2023 ENIDEA. Designed by EPAFOS