Here, you will learn how working through an agency operates, what to be cautious about - especially how to verify that the agency is a registered employment agency with a valid permit, and what rights you have as agency employees. You will also find out where to turn to if your rights are being violated.
Verify if the Employment Agency is Valid
An employment agency can also be your employer. This means it acts as an intermediary and assigns you to work elsewhere - for another employer, referred to as the user. The agency must be listed in the registry of employment agencies and have a valid permit to provide work placements.
You can find the list of agencies with valid permits on the Labor Office website.
You may check if your agency is listed there. If everything is in order, the following text in the Czech language will be present next to the agency's name:
“zaměstnávání fyzických osob za účelem výkonu jejich práce pro uživatele, kterým se rozumí jiná právnická nebo fyzická osoba, která práci přiděluje a dohlíží na její provedení.”
This means: "The employment of individuals for the purpose of performing their work for a user, which refers to another legal or physical person that assigns and supervises the work's execution (employer)."
This statement verifies that their activities have not been suspended in the CR.
Employment Contract with the Agency
If you work through an agency, you will enter into an employment contract, an agreement on work performance, or an agreement on work activity directly with the employment agency. However, your contract will be solely with the agency, not the user (the entity where you will be working).
The agency will enter into another contract with the user, called the agreement on a temporary assignment. Your contract with the agency is only valid when there is this agreement on a temporary assignment.
It's important to note that you have the same rights as direct employees according to the labor code. The contract or agreement must always be in written form and include all the necessary elements according to the labor code. It should cover basic working conditions, your rights, responsibilities, and more. Also, keep in mind that the agency cannot deduct anything from your wages or rewards.
Instructions for Temporary Assignment Document
The agency will provide you with another official document - the instruction for a temporary assignment. It contains essential information regarding your work (job position, salary, working hours, vacation, etc.).
The employment agency must provide you with working conditions and wages that are comparable to those of permanent employees who perform the same specific work as the user (your indirect employer) to which you are assigned. You are entitled to the same benefits, such as sick days or meal vouchers.
Help with Rights Violation
If you believe that your rights are being violated, and you do not have the same conditions as other employees in the company, ask the agency to remedy the situation. If the employment agency does not respond, you can turn to the authority responsible for overseeing labor conditions - the State Labor Inspection Office. You can find contact information on their website.
If you are uncertain about anything, seek assistance and free legal advice with some of the organizations and centers you can find on our service map.
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