Employment through an employment agency is a form of cooperation in which the agency acts as an intermediary between the employee and the user employer. A temporary worker is employed by the agency under an employment contract or a contract of mandate, but performs their duties for a company that needs workers for a specified period of time.
This type of employment offers flexibility, allowing for quick adaptation to changing market needs. Temporary workers are entitled to the same rights as permanent employees. Agencies also have obligations related to paying ZUS contributions and providing social benefits.
Does the employment agency pay for sick leave?
How does employment through an employment agency work? Employment through an employment agency may be based on different arrangements, depending on the type of contract concluded with the employee. If it is an employment contract, the employment agency, as the employer, is required to pay all mandatory ZUS contributions, such as:
- pension insurance,
- disability insurance,
- accident insurance,
- sickness insurance,
- health insurance,
- the Labour Fund,
- the Guaranteed Employee Benefits Fund.
Although the contribution rules for civil law contracts are slightly different, some contributions are still mandatory. In the case of a contract of mandate, only sickness insurance is voluntary. Social security and health insurance contributions are normally paid, although there are certain exceptions, for example when the contractor has another basis for insurance coverage. In the case of a contract for specific work, there is no possibility of being covered by social security or health insurance.
The choice of contract type determines the scope of contributions paid by the agency and the employee’s entitlement to benefits. An employment contract offers full social security protection, while civil law contracts may be more flexible but do not guarantee access to many benefits.
Does work through an agency count towards retirement?
Employment through an employment agency is based on a temporary employment contract or a contract of mandate concluded for a fixed period. The agency acts as an intermediary, employing the worker and paying ZUS contributions on their behalf. In the case of a temporary employment contract, this period counts towards retirement, and the following contributions are paid: pension, disability, accident, sickness and health insurance contributions. As a result, the temporary worker has access to full benefits, such as sickness, maternity or rehabilitation benefits.
Many temporary workers wonder how employment through an employment agency works in the context of future benefits. It turns out that a temporary employment contract counts towards retirement. The employment period under this contract is subject to social security contributions, which means that pension and disability contributions affect the calculation of length of service. As a result, time worked through an employment agency counts towards the length of service that forms the basis for granting a pension or disability benefit.
This type of employment therefore provides not only flexibility, but also a guarantee that the period of temporary work will contribute to future retirement benefits.
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Holiday entitlement and a temporary employment contract
A temporary worker is entitled to 2 days of annual leave for each full month worked for one or more user employers. If the employee has already used their leave with a previous employer, they are not entitled to additional leave for the same period with a new employer. Annual leave is granted regardless of length of service, and its amount depends only on the duration of employment.
Examples
- Do you work for one user employer for one month? You are entitled to 2 days of annual leave.
- If you change employment agencies but continue working for the same employer, leave from your previous employment is not transferred. However, you may use it during the next contract if you remain in the same employment relationship.
- If you do not use your leave, the employment agency will pay you a cash equivalent for unused annual leave, unless the parties decide that it will be used under a subsequent employment contract with the same agency.
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How long can you work through an employment agency?
Working through a temporary employment agency is based on a temporary employment contract or a contract of mandate, which by definition is a fixed-term contract. Before deciding on this form of employment, it is worth understanding how employment through an employment agency works. The agency acts as an intermediary between the employee and the user employer – it is the agency that signs the contract with us and pays our salary, while we perform our duties for a specific company.
Under the Act on the Employment of Temporary Workers, the maximum period of work for one user employer is 18 months within a period of 36 consecutive months. This means that over a three-year period, a temporary worker may work for the same company for a maximum of one and a half years.
What happens after this period? You can choose to continue working for the same company under different terms, for example under a contract concluded directly with the employer. Another option is to take up temporary work with another company through the agency. This way, this form of employment combines flexibility with clearly defined rules that protect employee rights.
