Are things in order?
As a temporary staffing agency, we can, from time to time, feel like we're running our business from Øretævernes Holdeplads. Many companies are busy, there is a shortage of skilled labor in many industries, and time is generally a scarce factor in the workplace. That's why it can be "a little too fast" when ordering staff.
There are 2 main rules your temp agency needs to know and follow
Temporary staffing agencies have two main sets of rules to follow when hiring and letting out workers. On the one hand, there is the Temporary Workers Act, which since 2013 has regulated conditions in connection with the employment of temporary workers. On the other hand, there are the collective agreements, which are the overall framework agreements that employers and employees negotiate every three years.
If you are a user company - a client of a temp agency - and you hire staff, you are of course bound by the cooperation agreement you have with your temp agency. However, if you have signed a collective agreement, you are responsible for complying with the terms agreed upon - not only for your own employees, but also for the employees you hire from your temp agency.
In the end, it's you who can get stuck
So, if you're hiring temporary workers, make sure your agency understands - and complies with - the terms of your collective agreement. Because ultimately, the responsibility is yours. And if you find that "your" temporary workers are not employed and paid according to the applicable rules, there's a risk that you'll have to pay the bill.
In Denmark, of course, we work with an expectation of "decency". But while trust is good, control is still better.
If you have signed a collective agreement, you should pay extra attention to these 4 points.
1: Does your agency ask if you have signed a collective agreement - and if so, which one?
If not:
- Then a proper employment contract cannot be drawn up
- How is allowance calculated for work outside the 18:00 - 06:00 hours?
- What rates are used for supplements to the normal hourly rate?
2: Does your temp agency ask what working hours your temps should follow?
If not:
- Then it's impossible to charge for overtime, etc.
- A normal working week is 37 hours, but how should the temp be paid?
- When is the temp actually eligible for overtime pay?
- What allowances should they receive for which hours?
3: Does your temp agency ask what salary you pay your own employees?
If not:
- So how is the temporary agency supposed to ensure "equal treatment"? (and yes, if you have signed a collective agreement, the terms of the agreement supersede the equal treatment requirements of the Temporary Agency Act)
4: Does the temp agency offer an hourly rate - without knowing if you have a collective agreement?
If they do, there are two things you should consider;
- Are you paying "too much" for an hour of work?
- Is your temp underpaid?
This is because the temp agency has exactly the same social security costs for its employees as you do for your own. Therefore, an hourly rate that is lower than "temp's salary x approx. 1.45" can be a sign that the temp is not being paid the right salary or that social security costs are not being paid according to the applicable rules.
Back to the headline of the article - Your temps are YOUR RESPONSIBILITY
If you don't have a collective agreement, it can be a bit more challenging to create a good and comprehensive employment contract. Without a collective agreement, the partners must/can negotiate an agreement on working hours, remuneration, allowances and so on. This can easily be done "by the book". It may require a few more clarifying questions.
Want to know more?
Send us an email or call us on 3215 1010
