Last checked : 13/07/2018

Temporary agency work

UK decision to invoke Article 50 of the TEU: More information

As of 30 March 2019, all EU law will cease to apply to the UK, unless a ratified withdrawal agreement establishes another date, or the European Council and the UK decide unanimously to extend the two-year negotiation period. For more information about the legal repercussions for businesses:

Equal working conditions

When employing temporary agency staff, you must give them at least the same basic working/employment conditions as your permanent staff. This includes pay, duration of working time, overtime, breaks, rest periods, night shifts and holidays. You must guarantee them the same access to the collective facilities available to your permanent staff, such as canteens, childcare facilities and transport services, unless there are objective reasons for differential treatment.

You should inform temporary agency staff if any vacancy arises. Once their temporary assignment has finished, you can recruit the staff member directly if you wish.

Derogations

Some limited derogations are allowed under strict circumstances, such as:

Health and safety

Before they start work, you must inform your temporary agency employees of any possible risks involved in the job they will undertake, including any special qualifications, skills or medical surveillance needed.

In Belgium, Croatia, France, Greece, Poland, Portugal, Slovenia, Spain, you cannot use temporary agency workers for certain jobs which are considered particularly dangerous to their health and safety, such as works which involve breaking up or removing asbestos, using fumigants, exposure to radiations or to substances which are carcinogenic, mutagenic or toxic.

Upcoming EU regulations

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Get in touch with specialised assistance services

Your EURES Adviser

Your EURES Adviser can inform you on working conditions as well as assist you in the recruitment procedures in your country or your cross-border region.

Local business support - Do you have questions on operating a business cross-border, for example exporting or expanding to another EU country? If so, the Enterprise Europe Network can give you free advice.

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