How job agencies work

Job administration is a relationship that involves three actors and allows a person ( user / company ) to turn to another person ( employer / agency for the job ) to use the work of staff without hiring him directly, leaving him employed by the provider through an employment relationship . Two types of contract are then determined:

a contract of a commercial nature, called supply, between the provider and user, or between the agency for work and the company;

a temporary or permanent employment contract, called service, stipulated between the provider and the employee.

The worker therefore becomes an employee of the employment agency and will work at the user company for a variable period of time, the limits of which are defined by current legislation and by individual national collective agreements.

In order for this to be legal, employment agencies must be authorized to carry out the activities provided for by Legislative Decree n. 276/03 and regularly registered in the register deposited with the Ministry of Labor. Furthermore, the payee must be recognized the same remuneration / salary as any direct employee who carries out his or her own job. The processing of the pay slip, the payment of the salary, all the obligations and communications due in the event of hiring, extension and termination of the employment contract are the responsibility of the agency for the job. In return, the user company will be paid a fee equal to the cost of the work sustained, increased by the so-called margin, expression of the cost of the service provided by the single APL.

Administration is prohibited only in some cases
the administration is prohibited for those companies that are not in compliance with the safety regulations and that have not drawn up their own DVR (risk assessment document); in the case of companies subject to suspension, redundancy funds or in which layoffs have been made (except for some cases provided for by law); to replace workers absent due to strike.

In temporary work (unlike the contract) the user company exercises the organizational and managerial power, while the disciplinary one is held by the agency for work . In other words, the request for leave of an administered worker will be approved directly by the user company and communicated to the agency for work, while in the case of a disciplinary dispute against the worker, it will be the same agency (upon request of the worker). company) to implement the appropriate measures.

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