24.01.2024

WHAT IS A ENTERPRISE THAT PROVIDES TEMPORARY WORK

The enterprise that provides temporary work is regulated in the Labor Code in 2011, and its rights and obligations differ significantly from those of the employment intermediary.

The enterprise that provides temporary work is a person concluding an employment contract with a worker or an employee, which is why the employment relationship is established with him. The relationship with the worker or the employee continues to develop throughout the entire period of existence of the employment relationship, with each having independent rights and obligations.

What are the main commitments and rules for enterprises that provide temporary work, in relation to legal requirements?

According to the legal definition of an enterprise that provides temporary work, this enterprise must necessarily be a trader. To acquire this quality, the enterprise must be registered in the Commercial register or the legal entity must meet the expressly defined conditions.

Registration for carrying out activities as an enterprise that provides temporary work is carried out at the Employment Agency after submitting a certain form, accompanied by the documents described in the law. Registration takes place after the issuance of a registration certificate by the Minister of Labor and Social Policy or a person authorized by him. The registration of an enterprise that provides temporary work is for a period of 5 years, after which it must be renewed.

The difference between the registration procedures is mainly in the requirements for individuals. For example, for an enterprise that provides temporary work, an insurance document or a bank guarantee in the amount of two hundred thousand BGN is required, which aims to protect the workers and employees who entered into labor relations with the enterprise, in the event of its eventual liquidation.

There is no such requirement for the intermediary, due to the fact that this person has no obligations to the employees after the conclusion of an employment contract between them and the employer. On the other hand, however, there is a requirement for the intermediary to present documents certifying certain education or work experience, which are not required for registration of an enterprise that provides temporary work.

The revocation of the registration of an enterprise that provides temporary work is related to the termination of the labor relations of the employees sent to work in user enterprises.

The emergence of the legal relationship between the enterprise that provides temporary work and the worker or employee occurs through the signing of an employment contract under the rules of the Labor Code. From that moment, an employment legal relationship arises between the persons, which is terminated according to the general rules regulated by law, which means that the legal relationship between the parties arises only after an employment legal relationship arises.

The legal relationship between the enterprise that provides temporary work and the user enterprises is also regulated in special provisions in the law. The contract between the enterprise that provides temporary work and the user enterprise is executed throughout the time that the posted worker or employee is at work.

Reference:

Art. 107p of the Labor Code

para 1, item 17 of the Additional provisions of the Labor Code