What does a temporary agent assignment mean?
The principle of agency employment is the temporary placement of employees of the so-called labor agency to work with another employer (the user), based on an agreement in an employment contract or an employment agreement concluded between the relevant employee and the personnel agency.
Therefore, the employer (the user) does not accept the temporary staff, but only rents them from the personnel agency, on the basis of an agreement concluded between the user and the labor agency, in accordance with the provisions of Sections 308 and 309 of the Labor Code.
Agency employment is reserved, in accordance with valid legal regulations, only to labor agencies which are authorized to carry it out solely on the basis of a relevant permit issued by the Ministry of Labor and Social Affairs of the Czech Republic.
The personnel agency directly employs jobseekers who "rent" (assigns) them to companies where the employee performs the same or similar work as the company's employees. During the temporary assignment of an employee of the personnel agency to work with another employer, the employee assigns his / her work assignments, organizes, manages and controls his / her work as head of the company's employees. However, a member of the temporary staff is still an employee of the personnel agency who pays him the salary. The use of the labor agency mostly solves problems in seasonality, in times of increased demands for production or in the absence of workers, as well as in the fact that some companies have no capacity to arrange recruitment and care for employees.
As mentioned above, agency employment is implemented on the basis of a complex of contractual relations, consisting in particular of two bilateral contracts, namely:
- contract (or instruction) concluded between the personnel agency and the user on the temporary assignment of the employee
- contracts (or contracts of employment or employment agreement concluded between the personnel agency and the relevant employee who is employed by the personnel agency for the purpose of performing work with another employer (user).
What should be included in the Instruction on Temporary Allocation, please see the points described below:
- indication of the parties
- the name of the employer where the worker will be temporarily assigned
- the type of work that will be temporarily assigned employee to perform
- the place where the work will be done
- the date on which temporary assignment will arise
- the period for which the temporary assignment is negotiated
- place and date of the agreement, names and signatures of the parties
Types of employment
1. A fixed-term and indefinite employment contract
Each contract must include three basic elements:
- kind of work
- place of work
- the date of employment.
Otherwise, it is invalid. The amount of earnings can be negotiated either directly in the contract or separately in the wage bill.
Employment contract for a definite period may be concluded for a maximum of three years. The employer can then extend it to a maximum of two times. For a fixed term you can be employed for one company at most 9 years (this will be 3 x 3 years).The employment contract for an indefinite period for candidates is best. By default, a two-month notice period, which may be used by both the employee and the employer, is normally agreed. In fixed-term and indefinite work contracts, length of leave or probationary period is usually negotiated.
2. Agreement on work performance
- The scope of work may not exceed 300 hours per calendar year per employer.
- If the monthly remuneration does not exceed CZK 10,000 a month, the employee only carries out the tax on his earnings, but the health and social insurance is not misplaced. Whoever works on a DPP is usually not entitled to leave.
3. Dohoda o pracovní činnosti (DPČ)
- Sjednaný rozsah práce nesmí překročit 20 hodin týdně, což odpovídá polovičnímu úvazku.
- Zdravotní a sociální pojištění se platí už při výdělku nad 2.500 Kč měsíčně.