The Ministry of Labour has published a draft Law on Agency Employment that stipulates that all workers hired through a job agency (leased employees) will be given a job contract and provided with the same working conditions as permanent employees. Also, companies will be allowed to hire up to 30% of their workforce through job agencies.
However, this law does not apply to workers who work through student and youth cooperatives and companies providing services to enterprises, such as cleaners and security personnel who can work under a temporary job contract without the right to annual or sick leave.
“The job agency will have to conclude a contract on temporary or permanent work with the leased worker”, the Draft Law on Agency Employment says.
The portal Radnik points out that this is a positive move, bearing in mind that so far, leased workers could be engaged through contracts on temporary and occasional jobs which, among other things, do not allow workers to exercise their right to sick leave and vacation.
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Also, the law stipulates that a leased worker should be provided with the same working conditions as the company’s other employees (who performs the same or similar type of job), that is, has the same working hours, overtime and night work, the same right to leave of absence and the same way in which their salary is calculated.
The draft law prohibits a leased worker to work for the same employer for more than two years under a fixed-term employment contract, but if they continue to work for the same employer even after the expiration of the period for which they were hired through a job agency, the leased worker will be offered a permanent job contract with the employer to whom it had been leased.
However, the draft law also states that the leased worker can only ask to be given the permanent employment before a court, that is, he/she must launch a labour dispute against the employer to which they were leased in order to get a “permanent” job contract.
Also, leased workers, who already have an indefinite contract with their job agency, are not entitled to this right.
The “permanent” job contract with the agency does not offer any security to the actual worker because the agency can dismiss the worker as soon as the need for his / her engagement in the firm to which he/she are leased to has ceased.
(Nova Ekonomija, 05.11.2018)
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