Employment law
Temporary work
The use of agency workers or temporary workers arose following a review of the former Labour Code. Indeed, the new Labour Code (Act No. 92-020/ANRM of 23 September 1992) introduced the concept of temporary workers.
Temporary agency work or temporary placement involves a natural or legal person recruiting staff whom they pay and making them available to a user organisation.
Recruiting a temporary worker
The user company engages workers from temporary employment agencies to carry out a short-term task known as an ‘assignment’.
The assignment must have a fixed duration agreed upon when the supply contract between the temporary employment agency and the user company is concluded. The duration of the contract may not, under any circumstances, exceed 24 months, including renewals.
Terminating the employment of a temporary worker
If the worker provided to you is not suitable, simply ask the temporary employment agency to replace them. The consequences of this termination are handled by the temporary employment agency, which is their employer.
What should you do if you want to hire a temporary worker?
You must wait until the assignment contract ends, as you cannot poach them before then. Once the assignment is complete, you can ask them to stay, and the temporary agency cannot object.
New
At the end of the assignment, the temporary worker is entitled to a precarious employment allowance equal to 2.5 per cent of the remuneration received during the contract.
Key terminology
Temporary employment contract
This is the contract that the temporary work agency signs with the client organisation, specifying the duration and purpose of the contract.
Cooling-off period
This is the period that must elapse between two assignments in the same post.