What are your rights as a hired worker?
As a temporary agency worker, you are entitled to the same pay and working conditions as you would have had if you were a permanent employee of the company you work for. Hiring from a staffing agency is only allowed in special situations, and if the conditions are not met, you are entitled to a permanent job.
When is hiring legal?
Hiring of workers from staffing agencies is permitted to the same extent as temporary employment. This means that the hirer can mainly only hire when they have a vacant temporary position. If the hiring company has an agreement on hiring in with the union representatives, hiring is also allowed when the work is of a temporary nature.
If these conditions are not met, the employee is entitled to a permanent job with the hirer.
What does it mean to be employed by a staffing agency?
Many NITO members are employed by a staffing agency and are hired out to a company (hirer) to carry out work. Thus, there are three parties in the employment relationship - you, the temp agency and the hirer.
Your employment is then with the staffing agency, even if you perform all your tasks with the hiring agency. This means that it is the staffing agency you have an employment contract with.
As a rule, you must be a permanent employee of the temporary employment agency and you must have a real FTE percentage.
What rights do you have as a contractor?
You are entitled to the same pay and working conditions as if you were employed directly by the hiring company. This applies to working hours, overtime, holidays and pay, among other things.
In a judgment from 2020, the Supreme Court ruled that this also applies to claims for bonuses at the enterprise level, i.e. bonuses that are linked to the employees' overall efforts in the enterprise during a specific period.
When are you entitled to a permanent job with the hirer?
If the hiring company does not meet the requirements for hiring, you are entitled to permanent employment with them. This applies, for example, if they hire you for ordinary work that is not temporary or temporary.
What do you do if you suspect a violation of the rules?
Are you wondering if the conditions for hiring are met in the job you have now, and whether you should demand a permanent job? NITO's lawyers can help you assess whether the conditions are met or not.
Contact your union representative
We recommend that you have a chat with your union representative, before contacting the NITO lawyers or submitting a case.
Knowledge of the conditions in the workplace is an important contribution to your case, even if it is passed on to the NITO lawyers.
Hiring: A guide for union representatives
As a union representative, you may be asked to enter into agreements on extended access to hiring from a staffing agency. This guide gives you specific advice on when you can enter into such agreements, what you need to consider, and how best to safeguard the interests of your members.
