Temporary employment agencies (ETT)

Authorization and Registration. Requirements

The company or cooperative of associated work that wants to dedicate itself to this activity must obtain prior administrative authorization, for which it is necessary to justify compliance with the following requirements:
Have an organizational structure that allows you to fulfill the obligations you assume as an employer, assessing the adequacy and sufficiency of the elements of the company.
Dedicate themselves exclusively to the constitutive activity of a temporary employment company, and may also act as employment agencies when they present a declaration in which they state that they meet the requirements established in Law 56/2003, of December 16, on Employment, and its development regulations, before the competent public employment services.
Lack of pending obligations of a fiscal or Social Security nature.
Specially guarantee compliance with salary obligations to Social Security.
Not have been sanctioned with suspension of activity on two or more occasions.
Include in its denomination the terms "Temporary Work Company". If you need to make any queries, you can write to ett@madrid.org or call the phones: 619233610 or 650319656

Formalities

Authorization and Registration

Processing

Provision contract

Definition

Contract entered into between the temporary work agency and the user company with the purpose of transferring the worker to provide services in the user company, to whose management power the former is subject.

Temporary employment agencies that have administrative authorization may place their workers at the disposal of user companies established or that carry out their activity in other Member States of the European Union or in States belonging to the European Economic Area.

Why can it be celebrated?

To meet the circumstantial demands of the market, accumulation of tasks or excess orders, even in the case of the normal activity of the company.
To replace workers of the company with the right to reserve a job.
To temporarily cover a permanent job while the staff selection or promotion process lasts.
For training and learning with contracted workers to be made available to user companies.
Making available to user companies, for temporary reasons, discontinuous permanent workers hired by temporary work companies.

Contract period

A maximum of six months, within a period of twelve months, when the contract is concluded to meet the circumstantial demands of the market, accumulation of tasks or excess of orders, even in the case of the normal activity of the company. By collective agreement, the maximum duration of the contract and the period within which it can be carried out may be modified, although the maximum period within which it can be carried out will be eighteen months, and the duration of the contract may not exceed three quarters of the period. of reference established nor, at most, twelve months.
A maximum of three months when the contract is concluded to cover temporarily a permanent job while the process of selection or promotion of personnel for the company lasts.
La minimum duration of training and apprenticeship contracts will be one year as well as the maxim de very. However, through a collective agreement, different durations of the contract may be established, without the minimum duration being less than six months or the maximum exceeding three years.
in the dmore assumptions, its duration will coincide with the time during which the cause subsists that gave rise to the contract.
El training period in occupational risk prevention that the worker may need from the Temporary Employment Company, prior to making it available, It will be part of the duration of the contract.
If the end of term Once the worker is made available, he will continue to provide services in the user company, he will be considered linked to it by an indefinite contract.
Will null the provision contract clause that prohibits the hiring of the worker by the user company at the end of the provision contract.

When can contracts for availability not be entered into?

To replace striking workers in the user company.
To carry out work in activities declared to be especially dangerous and an infraction will be understood to have been committed by each affected worker.
For the coverage of positions or functions that in the previous twelve months have been subject to amortization due to unfair dismissal, collective dismissal or for objective reasons, or when in the eighteen months prior to said hiring the aforementioned jobs had been covered for a period for more than twelve months, continuously or discontinuously, by workers made available by temporary employment agencies, and an infraction will be understood to have been committed by each affected worker.
To assign workers to other temporary work companies.

Obligations of User Companies

Prior to entering into the contract to make them available, the user company must inform the temporary employment company about the characteristics to be developed, about their professional risks and about the skills, abilities and professional qualifications required, all from the point of view of in view of the protection of the health and safety of the worker to be hired and of the other workers of the user company. For this purpose, the conclusion of a contract to make available will only be possible for the coverage of a job position in respect of which the mandatory occupational risk assessment has been previously carried out.
Prior to the start of the provision of services, the worker must be informed about the risks arising from their job, as well as the protection and prevention measures against them.
It is responsible for the protection in terms of occupational health and safety.
It will be subsidiarily liable for the salary and Social Security obligations contracted with the worker during the term of the provision contract. Said responsibility will be joint and several in the event that the aforementioned contract has been made for activities other than those permitted.
You must inform the workers' representatives about each provision contract and the reason for its use within ten days following the conclusion. Within the same period, you must deliver a basic copy of the work contract or the service order, as the case may be.
The availability contracts must be formalized in writing, in duplicate and on an official model.

Relationship of the worker with the user company

- Management and control of labor activity.

When the worker carries out his work within the scope of the user company, the powers of direction and control of the activity will be exercised by the latter, and if the worker breaches the contract, the user company will notify the company. of temporary work so that it adopts the corresponding sanctioning measures.
The user company will be responsible for the conditions of execution of the work of the workers placed at its disposal by a temporary employment company in everything related to the protection of their health and safety, assuring them the same level of protection as the other workers of the company.
In the case of contracts for training and apprenticeships entered into by temporary employment agencies, the person from the user company who will be in charge of supervising the development of the worker's work activity and who will act as interlocutor with the temporary work agency for these purposes, the latter having to assume the rest of the obligations related to the tutorials linked to the contract and the agreement for the training activity.

- Workers' rights.

These workers will have the right to present, through the representatives of the workers of the user company, claims in relation to the conditions of execution of their work activity.
The representatives of the workers of the user company will be assigned the representation of the workers on mission, while it lasts, for the purpose of formulating any claim in relation to the conditions of execution in these, without this being able to suppose an extension of the credit of hours paid monthly payments to which said representatives are entitled.
The provisions of the preceding paragraphs shall not apply to the worker's claims regarding the temporary work company on which he depends.
The means of transport and collective facilities of the user company may be used by these workers, during the duration of their work activity in said company.

Provision contract

Procedures to be carried out

Communication contract of availability

Labor relations between ETT and employees

Duration and type of contract

The employment contract can be concluded indefinitely or for a fixed period coincides with that of the provision contract.
Likewise, it may also celebrate with the worker a contract for the coverage of several provision contracts with different user companies, provided that such availability contracts are fully determined at the time of signing the employment contract and respond in all cases to a case of eventual contracting of those contemplated in letter b) of article 15 of the Workers' Statute.
Provision contracts may also be entered into in the same cases and under the same conditions and requirements in which the user company could enter into the contract. Contract for training and learning in accordance with the provisions of article 11.2 of the Workers' Statute.
It should be formalized in writing, in accordance with what is established for each modality, in triplicate, and communicate its content to the Public Employment Service within a period of ten working days following its celebration.

Data that the contract must contain

The work contract for a fixed term, coinciding with the contract for provision, will contain, at a minimum, the Following data:

Identification of the contracting parties, stating in the case of the temporary work agency the administrative authorization number, and its temporary validity, tax identification number and Social Security contribution account code.
Identification of the user company, specifying the tax identification number and Social Security contribution account code.
Cause of the provision contract.
Content of the labor provision.
Professional risks of the job.
Estimated duration of the employment contract.
Place and hours of work.
Agreed remuneration.
Collective agreement applicable in the temporary employment company and in the user company.

Documentation to be provided to the worker

When the worker has been hired for an indefinite period of time, the corresponding service order must be delivered to him/her, each time he/she provides services in a user company, indicating:

Identification of the user company in which the service is to be provided.
Cause of the provision contract.
Content of the labor provision.
Professional risks of the job to perform.
Place and hours of work.

Remuneration

Remuneration will be based on the job to be performed, in accordance with the collective agreement applicable to the user company. Said remuneration must include the proportional part corresponding to weekly rest, extraordinary payments, holidays and vacations. To this end, the user company must enter said salary in the provision contract.

These workers, in the case of being contracted for a specific period of time, will receive an economic compensation at the end of the provision contract, equivalent to the proportional part of the amount resulting from paying twelve days of salary for each year of service.

Prevention of occupational hazards

Right to regular monitoring of your health by the temporary work agency, taking into account the characteristics of the job to be performed, the results of the risk assessment carried out by the user company and any additional information required by the doctor in charge.
For the execution of the provision contract, the temporary work company must hire or assign the service to a worker who meets or can meet, where appropriate, prior to the necessary information, the requirements set forth therein in terms of prevention of occupational risks, making sure of their suitability in this regard.
It provides <strong>economic data</strong> on the business environment. Previous information about the job, of the tasks to be carried out and of the occupational hazards involved. Said information will also be included in the fixed-term employment contract or service order, as the case may be.
Provide prior theoretical and practical training in preventive matters necessary for the job to be performed. Otherwise, it must provide such training to the worker, with its own or arranged means, prior to the effective provision of services.
If it is necessary a special training in prevention in the workplace, this part of the training may be carried out by the temporary work agency in the user company itself, before the effective start of work. This training may also be provided by the user company at the expense of the temporary employment company, prior written agreement between both companies.

Obligations of ETTs in terms of information

Information to the Administration Information to the user company

Within the first ten days of each month, temporary work companies must submit to the Registry of Temporary Work Companies, by electronic means and through the application: Comprehensive Management System for Temporary Employment Companies (SIGETT), the list of the availability contracts entered into in the previous month, which must include:

Name, tax identification number and Social Security contribution account code of the user companies.
Number of contracts entered into with each of them, broken down by event of execution.
Total number of workers made available to user companies, regardless of the number of contracts made available with each of them.

The relationship must also be sent in the event that the company has not formalized availability contracts, stating such circumstance.

In relation to permanent-discontinuous contracts, and to make effective the communication to the labor authority of the contracts made available for temporary needs, the Ministry of Labor and Social Economy has enabled in SIGETT the box corresponding to the type of contract "6 ".

Within fifteen days of production or, where appropriate, notification of registration in the corresponding Mercantile Registry or Registry of Cooperatives, the following acts:

Changes of ownership and address of the company.
The change of people who hold management positions or are members of the administrative bodies in companies that have the legal form of a company, indicating their identification data.
The opening of new work centers.
The cessation of activity as a Temporary Work Company.

Documentation of assigned workers:

Copy of the employment contract or the corresponding service order.
Documentation accrediting having fulfilled the salary and Social Security obligations contracted with said workers.
Documentation accrediting that the worker placed at your disposal has received the information related to the risks and preventive measures, has the necessary specific training and has a state of health compatible with the job to be performed.
This documentation will also be available to the prevention delegates or, failing that, to the legal representatives of the workers in the temporary employment company, and to the persons or bodies with competence in prevention matters in the same.

List of authorized ETT

Consultation according to NIF, name or Autonomous Community

List of authorized ETT

Regulation

Law 14/1994, of June 1, which regulates Temporary Employment Companies (BOE nº 131, of June 2, 1994).
Royal Decree 417/2015, of May 29, which approves the Regulation of temporary employment companies (BOE nº 147, of June 20, 2015).
Royal Decree 216/1999, of February 5, which establishes the minimum provisions for safety and health at work in the field of temporary employment agencies (BOE nº 47, of February 24, 1999).
Order ESS/1680/2015, of July 28, which develops Royal Decree 417/2015, approving the Regulations for temporary employment agencies (BOE nº 189, of August 8, 2015) Law 56/2003, of December 16, on Employment (BOE nº 301, of December 17, 2003).
Resolution of December 23, 2009, of the General Directorate of Labor, which enables the Telematic Registry of the Ministry of Employment and Women to process various administrative procedures and orders the publication of standardized forms (BOE nº 26, of February 1, 2010).
Royal Legislative Decree 2/2015, of October 23, approving the revised text of the Workers' Statute Law. (BOE nº 255, of October 24, 2015)