Employment Lawyers Can Answer Your Employment Law Questions
with this hotel i work since 1 year , with the agency since 4 years ( the agency is my employer).
good morning , i will answer to any other questions you need later on , after 5 i will have access to the computer .I am working until 4:30 today . (my last day).Thank you ! Coralia
Thanks for getting back to me. So to clarify – you are an agency worker and you are placed working in a hotel through the agency. The hotel wanted you to work specific days but have now decided that they no longer require your services. You are still employed by the agency though and they will now try and find you a new placement to work in – is all of this correct?
Thanks. Your rights in this situation will be a bit limited unfortunately. As an agency worker your employment with the employer where you are placed would not be guaranteed. Employers use agency staff because of the flexibility they offer – they can take them in as and when they need them and they can also remove them from work as and when they want, with minimal notice. As an agency worker you are just support staff – you are placed with an end user whenever they need you but there is no guarantee that you would be able to continue with them for any minimum period of time and your employment could end at any time. It is one of the risks of being an agency worker – you will have no protection from removal from the end user client where you have been sent to work by the agency.
You would still be an employee of the agency most likely and will have rights in that respect but this would depend on what agreement you had with them. If you have been removed by this client, the agency may still be expected to find you work elsewhere but again there may not be a guarantee that they will do so – it does depend entirely on the contract you had with them and whether they could guarantee you any work or if they are just expected to make reasonable attempts to find you work without any guarantees.
So the issue here is not whether you could challenge the client’s decision to remove you from working with them, but what happens next and whether the agency has a duty to find you new work.
Hope this clarifies your position?
hello,i am sorry to replay late ,i didn't have internet connection .What tipe of contract i need to have with them to be sure that their obligation is to find another job for me ? I remember when i was in maternity live it happend something similar .My area manager took me out from the hotel i was working because of the risk of loosing the pregnancy.After i left that hotel i 've been home for few days until they found another job in to another hotel . ( the days i was home they did payed me ).They said that their responsability is to pay every single day i will stay home until they will find me job.
Hello again, you would need to have a permanent contract with the employer, not be an agency worker who works through an agency. This is not the same as when you were pregnant though – your rights then would have been different, you would have had different rights due to pregnancy and discrimination legislation, but these are not the same as when the company may simply not want to have you working for them anymore.
Hope this clarifies things a bit further for you?
Yes, now they do .Thank you very much for your advice !
you are most welcome