Entitlement to annual leave
A temporary worker may claim the right to recreational annual leave for each assignment, regardless of the length of the assignment.
He may ask to be granted leave in kind from the user company pro rata to the duration of his assignment with that company.
Normally, recently recruited employees must wait for a period of 3 months before being able to take their days of leave. That waiting period is not however applicable for temporary workers.
If the duration of the assignment is less than 3 months, the temporary worker has the option of either taking annual leave in kind (compensation calculated according to common law FAQ D8a5 and D8a18) or, in accordance with the ITM’s opinion, taking leave pay at the hourly rate increased by 11,11 %.
Explanation regarding the calculation of the hourly rate increased by 11,11%:
One year = 52 weeks x 40 hours of work per week = 2.080 hours per year
Annual leave hours = 26 days x 8 working hours = 208 annual leave hours
2.080 – 208 = 1.872 working hours per year
208 / 1.872 x 100 = 11,11%
For any employment exceeding 3 months, the temporary worker is entitled to statutory leave in kind or in cash (at the end of the employment relationship) under the conditions provided for in the provisions on paid annual leave (FAQ D8a18).
Wages of temporary workers
The wage of a temporary worker recruited by a temporary work agency operator may not be less than the wage which may be claimed, after a probationary period, by an employee having the same qualifications or equivalent qualifications recruited under the same conditions as a permanent employee by the user company.
Where the staff of the user company does not employ any permanent employee having the same qualifications or qualifications equivalent to those of the temporary worker, the wage may not be lower than that provided for by the collective agreement for the branch applicable to the temporary worker, or else to that received by a permanent employee having the same qualifications or equivalent qualifications occupying the same work post in another undertaking.
The temporary work agency operator is under an obligation to make the applicable fiscal and social deductions relating to wages and salary.
Any increases of the wage applied during the assignment contract to the permanent staff of the user company must be notified to the temporary work agency operator and rendered applicable without delay to the temporary worker.
Seniority in the temporary work agency
For the application to temporary workers of the provisions of laws, regulations or agreements which refer to a seniority condition in the temporary work agency, such seniority is assessed by aggregating the periods during which the workers have been bound to the temporary work agency by assignment contracts.
Access within the user company
Temporary workers have access in the user company under the same conditions as the permanent employees of that company to the collective installations, in particular catering facilities and means of transport which may be available to those employees.