From a legal point of view, in our legislation, the individual employment contract can take different forms, these being regulated by the Labor Law, which also include the temporary employment contract that is an individual employment contract concluded in writing by a temporary employment agent and the temporary employee during an assignment.
Working through a temporary employment agent represents, economically for the employer, a means of meeting momentary needs (peak production, carrying out a certain work), and socially it allows the employment of people who, for various reasons, want to work for a limited time, or the unemployed who can’t find a permanent job.
First of all, the specific notions from which the interpretation starts and which establish the legislative framework of this institution are the following:
The temporary employee is the natural person who concludes a temporary employment contract with the temporary employment agent, in order to be placed by the latter at the disposal of the user;
The temporary employment agent is a legal entity authorized by the Ministry of Labor and Social Justice that concludes a temporary employment contract with the temporary employee. The temporary employment agent is the equivalent of the employer;
The user is the natural or legal person for whom and under whose supervision and management the temporary employee works, made available by the temporary employment agent;
The temporary work assignment represents the period in which the temporary employee is made available to the user to work temporarily under his/its supervision and management, for the execution of a precise and temporary task;
Work through a temporary employment agent is the work performed by a temporary employee who has concluded a temporary employment contract with a temporary employment agent and who is made available to the user to work temporarily under the latter’s supervision and management.
Thus, we note that the law stipulates the conclusion of two contracts:
- a contract concluded between the temporary employee and the temporary employment agent, the temporary employment contract, a situation in which the assignment cannot last more than 36 months.
- a contract concluded between the temporary employment agent and the user, the provision contract.