Legal aspects of temporary work
Statute of temporary worker
He/she has exactly the same rights as the other workers regarding wages level, working schedule and rest periods, protection against accidents or social security.
The temporary worker is hired with the same wages, age being equal, as a fixed worker doing the same work near the hiring company. The temporary company is your employer. It is thus it which pays you on the basis of the data being reproduced on your time sheets. The temporary company pays you at the latest in the 8 days which follow the sending of your time sheet. If the company in which you work distributes luncheon vouchers to its personnel, you also benefit from them, in the same conditions.
The welfare benefits
Like any worker, you are entitled to all the welfare benefits considered by the law.
The end-of-year bonus
To be entitled to the end-of-year bonus, you must have worked as temporary during at least 65 days during one reference period going from April 1 to March 31 of the following year. This end-of-year bonus is equal to 7,66 % of the gross salary which you gained during this reference period. The bonus is paid by the Social Fund for Temporary Workers. The Social Fund sends to all the recipients, in December, the document with which the payment of the bonus can be obtained.
The temporary worker receives a single and a double holiday pay. That accounts for 14,8% of the gross salary.
You benefit from the public holidays in the same conditions as the other workers.
As the other workers the temporary preserve its rights or obtains the right to unemployment pay.
At the end of each mission, the documents necessary to benefit from your right to unemployment pay will be given to you. With these documents, you will go to an organization of payment of the unemployment pays (auxiliary fund or trade union), without forgetting first to register at the local office of the FOREM or ORBEM.
If your mission lasts less than 2 weeks, and if you were already entitled to unemployment pay before being temporary, you do not need to re-register. You must nevertheless return to you to the office of payment at the end of your contract.
If you are sick during your mission :
- If you work since less than one month for your agency of temporary work, you are paid by your mutual insurance company.
- If you have worked for at least a month, without interruption of more than one week, you'll be paid by your temporary agency until expiry of your contract. Then, the mutual insurance company takes over.
- If you are sick less than 14 days, your first day of disease is not paid to you. This day is called the day of deficiency.
- In the event of disease of long duration, you can obtain a complementary allowance at the Social Fund for Temporary workers.
You will thus have to inform your temporary agency and to forward them a medical certificate. Also inform your mutual insurance company.
The sickness/disability insurance
Like any worker, you have right, apart from the periods of guaranteed wages paid by your company of temporary work, to the allowances for incapacity or disability. You are also entitled to the family benefits. Your agency will give you a form to be filled and will deal with all the administrative formalities. Moreover, as a head of family, you must ask your agency, as of the 6th month of the pregnancy, the form which will enable you to touch the bonus of birth. If you are pregnant, you benefit from the same rights as the other workers of the company : 15 weeks of maternity leave including 8 to be taken obligatorily after the childbirth.
Small unemployment period
Like any worker, you are entitled to days off at the time of particular events (marriage, birth, death or events related to a civic obligation). In these circumstances, you will be authorized to go away from your work while being paid for the duration settled by the law. An official certificate will have to be given to your temporary agency.
Each day paid during your temporary work is taken into consideration for the calculation of your pension.