The temporary work agent is a legal person registered in the Trade Register, which concludes temporary work contracts with natural persons that it makes available to some users to work temporarily under their supervision and management.
In order to operate legally, the temporary work agent must first obtain the authorization to operate as a temporary work agent,
The Ministry of Labour, Family and Social Protection is the one that issues the operating authorization of temporary work agents, following the fulfillment of the following conditions:
a) to be legal entities established according to the law and to have provided in the Articles of Incorporation, as the main object of activity, “Contracting activities, on a temporary basis, of personnel according to the CAEN code”;
b) not to record debits to the state budget or local budgets;
c) not to appear in the records of the fiscal record with facts sanctioned by financial, customs regulations, nor with those concerning financial discipline;
d) not have been sanctioned contraventionally, in the last 24 months prior to the date of formulating the authorization request, for violating the provisions of labor, commercial and fiscal legislation;
e) to set up at the bank, through a separate account, the financial guarantee in the amount to cover the equivalent of 25 minimum gross basic salaries per country, guaranteed in payment, to which are added the contributions owed by the employer to the state social insurance budget , the unemployment insurance budget and the budget of the single national health social insurance fund.
The operating authorization is valid for 2 years and can be extended every 2 years.