Outsourcing Temporary Labour
The outsourcing of temporary labour involves the provision of professional workers with a fixed-term contract.
There are two different types of outsourcing contracts:
- an outsourcing contract entered into between the user and Alma, of a commercial nature;
- an employment contract entered into between Salma and the worker.
In the event of outsourced temporary labour, the employment relationship between Alma and the outsourced worker is regulated by Leg. Dec. no. 81/2015.
The economic and contractual conditions of temporary workers are the same as those employees of a similar level with similar duties in the company in which they work.
Outsourcing temporary labour is not subject to quantitative limitations except where provided for by the National Bargaining Agreement applied by the user.
The outsourcing of temporary labour is, in any case, free from quantitative limitations for workers:
- who are involved in redundancy schemes
- unemployed and who have enjoyed non-agricultural employment benefits or social safety-nets for at least six months
- who are “disadvantaged” or “highly disadvantaged”
Outsourcing contracts ate applicable to any productive sector without any limitation, subject to certain prohibitions.
- The outsourcing of both fixed-term and permanent workers for the purpose of replacing striking workers is prohibited
- in productive units in which collective redundancies of workers with the same duties have been carried out in the previous six months
- in productive units in which there is a suspension or reduction of working hours with salary integration
- if the risk assessment as per Leg. Dec. no. 81/2008 has not been carried out
The outsourced worker is not included in the user’s staff numbers for the purpose of legal or contractual regulations, except for those relating to health and safety at work.
In the event of the outsourcing for at least 12 months of disabled workers, the outsourced worker is included in the reserve quota as per art. 3, Law no. 68/79.