Conditions of a provision authorized
Conditions of a provision authorized
An employer whose main activity does not consist in the implementation of personnel available to users (ie the employer is not an employment agency) may still, under strictly defined “lend” its workers to a third party for a limited time.
The conditions for this and the procedures defined in Article 32 of the Act available to:
- making the provision can not meet the normal business of the employer (if he still wishes to pursue this activity, this can take place only in the form of an employment agency and with applications for permits required and obtaining them).
- making the provision can take place with the permanent staff of the employer.
- making the provision can be made only for a limited time. A CTC concluded within the National Labour Council may specify the concept of “limited duration” (until now such an agreement has not yet been reached).
- The limited duration of the implementation of workers available is not required when it comes to disabled workers employed by a sheltered workshop approved pursuant to the regulations on social rehabilitation of disabled.
- the employer shall, prior to the availability, request and receive permission from the Chief Inspector of the Inspectorate District of social laws
- This authorization may be granted after agreement between the user and the union staff’s business or, failing that delegation, workers’ organizations represented on the Joint Committee to which his company. If you disagree with the above trade union delegation, the agreement may also be given by the competent joint committee.
- Prior approval of the Chief Inspector of District Social Legislation Inspectorate is not required when a permanent worker is being unusually available to a user:
- in the context of cooperation between firms in the same financial and economic entity;
- for temporary execution of specialized tasks that require specific professional qualification, a CTC concluded within the National Labour Council can clarify the concept of “momentary execution” and “specialized tasks requiring qualification momentary” (at date, no such CTC has been reached).
- In both cases above, the user must notify at least 24 hours in advance of the District Chief Inspector of the Inspectorate of Social Legislation.
- the user, the employer and the worker must find available in a signed writing conditions and the duration of the period of availability. The document must be written before the beginning of the provision. The worker’s written consent is not required when the tacit consent is customary in the industry in which the worker is employed.