Examples:
- A temporary worker works part-time and does not work on Tuesdays. A one-day contract on Monday and another on Wednesday will not be considered consecutive one-day contracts if the department where the temporary worker is assigned is open on Tuesdays.
- At the company where the temporary worker is employed, there is never any work on the weekend. Day contracts on Friday and Monday are considered consecutive day contracts.
Consecutive daily contracts for temporary work with the same client are permitted only to the extent that the client can demonstrate the need for flexibility in the use of such contracts.
In practical terms, this means that the user must be able to demonstrate that the volume of work in their company depends largely on external factors, fluctuates significantly (e.g., the hospitality industry on the coast), or that the nature of the work to be performed justifies the use of successive daily contracts for temporary agency work.
Avoiding Consecutive Daily Contracts and Violations
With multi-day and weekly contracts, we offer our partners a flexible alternative to standard daily contracts. In the UPortal payroll platform, you can select multiple days and hours from a single contract request. This way, these days are bundled and automatically processed into multi-day or weekly contracts.
In practice, this will not have a significant impact on your flexibility in employment—or on our services—and you will be protected from unnecessary violations. If you do need daily contracts, you can still submit a contract request on a day-to-day basis, and these will be processed as daily contracts.
Information and Consultation Procedure for the Use of Consecutive Day Contracts.
The use of consecutive daily contracts is subject to a special information and consultation procedure. The purpose of this information and consultation requirement is to prevent the improper use of consecutive daily contracts. The procedure varies depending on whether or not the company has a works council or a union representative body.
Information Procedure
A user who is a member of a works council or a union delegation must inform their works council or union delegation each semester regarding the use of consecutive daily contracts for temporary work.
In this context, the following information regarding the previous semester is made available to the works council—or, if there is no works council, to the union delegation—once, at the beginning of each semester:
1. Detailed information on the use of consecutive daily contracts:
- the number of consecutive daily contracts in the previous semester,
- the number of temporary workers who were employed under consecutive daily contracts during the previous semester.
2. Evidence to be provided by the user demonstrating the need for flexibility in order to use consecutive day contracts. This must be supported by statistical data and may be supplemented by information showing that the user has explored alternatives to the use of consecutive day contracts.
3. At the express request of the employee representatives on the works council or, in the absence thereof, the union delegation, they shall be informed of the number of temporary workers in each category of consecutive daily contracts. This number shall be communicated collectively and without identifying specific individuals.
As for users without a works council or union representation, the temporary employment agency provides the Fund for the Social Security of Temporary Workers with the same information as listed above. The Fund for the Social Security of Temporary Workers, in turn, makes this information available to the representative employee organizations at the beginning of each semester.
Calculation of the Special Contribution in the Event of a Violation
The “ladder” looks like this:
Number of ODCs (Consecutive Day Contracts), per semester, per temporary worker, for the same user
Special social security contribution, in euros, per semester and per temporary worker
- 0–39 days | €0.00
- 40–59 days | €10 × number of ODCs: minimum of 400 euros, maximum of 590 euros
- 60–79 days | €15 × number of ODCs: minimum of 900 euros, maximum of 1,185 euros
- 80–99 days | €30 × number of ODCs: minimum of 2,400 euros, maximum of 2,970 euros
- 100 days or more | €40 × number of ODCs: at least 4,000 euros
Retirees, flexi-job workers, and casual workers (PC No. 144 for agriculture, PC No. 145 for horticulture, and PC No. 302 for the hotel industry) are excluded from the accountability system.
If you have any questions or would like more information, please don't hesitate to contact us.