The temporary allocation is therefore ensured by relations between recruitment agencies and staff in the area of labour law, as well as by a temporary transfer agreement concluded by the recruitment agency and the user. The temporary assignment is fixed by the labour code to articles 307-309. In addition, the Charter of Human Rights and Freedoms, which applies both in a non-unionized environment and in a unionized environment in Section 10 of the country, provides for a duty of accommodation to a person with a disability that lasts until it becomes an unjustified harshness for the employer. As a result, some have argued, without success, that an employer is required to assign an employee an easy job. In 2016, it was found that a worker who had been injured and who did not have a job – that is, a disability – was not discriminated against if the employer did not foresee the possibility of temporary employment, since his employment status had not changed and there was no evidence that his circumstances were different from those of other workers who were unable to perform their duties.2 If no discrimination is found, the arbitrator is not required to consider the employer`s obligation to house, which is not subject to this obligation. In that decision, the arbitrator confirmed that the employer may make a temporary assignment, but that there is no legal obligation to do so. The arbitrator noted as follows: With regard to wages, the temporary employment agency must: process and payment of wages to the monthly worker, and respect for the salary date; Provide a pay slip to the employee each month; To provide the worker with monthly meal vouchers if they are entitled to them; When a worker has entered the supplementary pension plan (2nd pillar), the Agency is required to take this into account in the worker`s monthly salary; If a court has ordered deductions from a particular employee`s pay slip, the Agency is required to deduct them from the employee`s pay slip and transfer them to the agreed bank account. Deductions can be made on the basis of relevant deposit information; At the employee`s request, provide confirmation of salary status for all purposes (credit, consumer credit, construction loan, mortgage, employment agency, etc.); – issue a certificate of salary and credit and present it to the employee after the termination of his employment. In a collective working environment, the collective agreement may lead to the imposing of specific obligations with respect to the temporary allocation of a worker1. Since this agreement is the result of negotiations between the parties, the parties are required to comply with their terms, otherwise they will be forced to do so by an arbitration award. Under these conditions, the temporary transfer of a worker may become mandatory, despite the wording of Section 179 of the Workers` Compensation and Occupational Illness Act.
Do you know the legal language? It is best for you to know what should be in your employment contract with the Agency. The acting agency, in our case, Grafton, is the real employer.