Although temporary work, also known as temping, is becoming more common, there is a misconception that it could be more precarious, less secure and offer less protection to an employee. Temping specialist at Misco Lisa Zarb Cousin explains how temporary employees are protected by EU laws anywhere they work.

Temping, or temporary work, is usually for short periods of time and can vary from a few hours to a span of years.

It has been increasingly used to give employers a degree of flexibility in managing absences by their employees from work, in cases of maternity or parental leave or when the company has a particular project or a backlog to catch up with.

On the other hand, temping offers temporary solutions for inactive employees who wish to work but are currently unemployed or unable to commit to long periods of work.

A temporary agency worker, as defined in the Temporary Agency Workers Regulations, is a worker who has entered into a contract of employment or an employment relationship with a temporary work agency and who is assigned, on a regular or irregular basis, to a user undertaking to work temporarily under its supervision and direction.

Misco has been at the forefront in promoting temping solutions for a number of years. It helps clients find available temporary positions and also services companies by sourcing the right temporary employees and handling the contractual and HR obligations involved.

To appreciate fully how respected temporary agency work is, it is important to be aware of the ways temporary work came into being recognised and protected.

The first attempts to regulate temporary agency work were made as early as 1982 but the formal process started in 1995 when the European Commission launched a consultation on part-time work, fixed-term employment contracts and temporary work. While the first two topics were successfully regulated in 1997 and 1999 respectively, negotiations on temporary agency work were not as straightforward.

In 2002, the European Commission proposed a directive on temporary agency workers, based on the non-discrimination principle but allowing some exceptions.

In the same year, the draft directive passed the first reading in the European Parliament but reached an impasse in the Council due to the opposition of some member states.

In 2007, efforts to arrive at a consensus on the directive were intensified and a breakthrough was made possible by an agreement on equal treatment for temporary agency workers between social partners on May 21, 2008. The European Parliament finally approved the proposal for a directive on temporary agency work in October of that same year.

This directive is important because it essentially represents a marked improvement in the working conditions of temporary workers across all EU member states.

The main points agreed upon included equal treatment from the first day on the job in terms of pay, leave and maternity leave, equal access to collective facilities, such as a canteen, childcare facilities or transport services and improved access to training and childcare facilities in periods between temporary workers’ assignments to increase their employability.

Malta too offers its own legal framework specifically for Temping Agency Workers. In the 2006 Budget, the government had acknowledged that there were employers who abused of workers in temporary positions and declared its intention to discuss with social partners legal provisions to regulate such employment.

Legal Notice 461 of 2010 – Temporary Agency Workers Regulations – was issued under the Employment and Industrial Relations Act (chapter 452) and came into force on December 5, 2011 to regulate the basic working and employment conditions for temporary agency workers in Malta.

Such conditions are related but not limited to pay, the duration of working time, overtime, rest breaks, rest periods, night work, annual leave, public holidays, the protection of pregnant women, women who have just given birth or who are breastfeeding, the protection of children and young people, and equal treatment for men and women and any action to combat any discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation.

Temping could prove to be an opportunity to find the right ‘permanent’ job. Some roles start on a temporary basis, as the company would sometimes be testing the availability of the role within the company, or would be covering a particular gap in employment.

However, these roles may eventually turn out to be permanent as the person would have been found suitable for the role.

Temping can also be an immediate solution for someone who is not working either because they have been made redundant or because they’re searching for a fresh start in a new country or in a new industry.

For a parent who wants to gradually return to work, temping is an ideal way to start without the need to immediately commit to permanent employment.

Finally, some people prefer to work on an on-and-off basis rather than permanently and temping gives them the opportunity to work in different organisations at various levels.

Students are ideal candidates for temping, as it helps them gain experience, be active while studying and earn money. Since various placements involve varying roles, temping exposes the candidate to a variety of work experiences not just in various positions but also across different sectors.

At a time when precarious working conditions in certain areas of employment could exist, employees who consider temping as an option may rest assured that their rights are equally acknowledged and respected.

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