Using recruitment firms and temp agencies (ETT)

Terms used

• ETT — An ETT is a temp agency authorised to hire workers and place them temporarily with client companies.
• Agencia de colocación — An agencia de colocación is a recruitment agency that matches candidates with employers but does not employ them.
• SEPE — SEPE is Spain's public employment service, which also registers and authorises placement agencies.
• Convenio — A convenio is the collective agreement that sets pay and conditions for a sector or company.
• Cesión ilegal — Cesión ilegal is unlawful worker transfer: a firm that is not an authorised ETT supplies you to another company.

Key rules

• Your employer: If an ETT places you, the ETT is your legal employer, not the client company.
• Agency fees: No agency or ETT may charge you for finding you a job or hiring you.
• Equal pay: You are entitled to the pay conditions of the client company's workers in the same job.
• Unlawful transfer: Only an authorised ETT may place you with another company; otherwise you can choose to become permanent at either company.

Know which kind of firm you are dealing with

Ask first: is this an ETT or a recruitment agency? The answer decides who your employer is.

• An ETT (empresa de trabajo temporal) hires you and sends you to work at other companies for a time.
• A recruitment agency (agencia de colocación) only matches you with an employer. It does not employ you.

Many ETTs also hold a recruitment authorisation, so one firm can do both. Ask which role it plays for the job you are offered.

If an ETT places you

The ETT is your legal employer. You sign your contract with it, and it pays your wages and Social Security. It also holds disciplinary power over you.

The client company (the "user company") directs and supervises your daily work. It must give you information and training on workplace risks and protect your health and safety. It is also responsible for your working conditions during the assignment.

If the ETT fails to pay your wages or Social Security, the client company carries secondary liability for those debts. That liability becomes joint, so you can claim from either, if the required safety training or medical checks were not done. Ask for that training before you start.

Equal pay

You have the right to the pay conditions of the client company's own workers in the same job. That includes the pay set by the client company's collective agreement (convenio), pro rata pay and any bonuses for the role. Ask the ETT for these conditions in writing. You are also entitled to hear about vacancies at the client company.

You never pay the agency

Neither a recruitment agency nor an ETT may charge you anything, directly or indirectly, for finding you a job or hiring you. Only the employer can pay them. If you are charged:

• Report it to the labour inspectorate (Inspección de Trabajo y Seguridad Social), which can sanction the firm.
• Report it to the public employment service (SEPE) or your regional service, whichever authorised the agency.
• You can also claim the money back through the labour courts.

Check the agency is legitimate

Recruitment agencies need authorisation or registration with SEPE or the regional employment service. ETTs are authorised separately by the labour authority. Ask for the authorisation number and check it with the relevant service. Also check that the firm is a real company with a registered address. The checklist below lists the steps. How the check works can vary by region.

Unlawful worker transfer

Only an authorised ETT may hire workers in order to place them with another company. Unlawful transfer (cesión ilegal) happens when another kind of firm supplies you to a client. Typical signs are that the supplier is a shell with no real business or means, and the client company directs your work.

If this happens, both companies are jointly liable for your wages and Social Security. You can choose to become a permanent employee of either company, with your seniority counted from the start of the transfer. The firms can also be sanctioned. If you think this is happening, ask the labour inspectorate or a union for advice.

Checklist

• Ask whether the firm is an ETT (temp agency that employs you) or a recruitment agency (agencia de colocación) that only matches you with employers.

• Ask the agency for its authorisation number.

• Check that number with the public employment service (SEPE) or your regional employment service.

• Confirm in writing that the agency will not charge you anything for finding you a job or hiring you.

• Check that your contract is signed with the ETT, which pays your wages and Social Security, and not with the client company.

• Ask for the client company's risk and safety training before you start work.

• Ask the ETT for the pay conditions that apply to the client company's workers in the same job.

What to watch out for

• Fees charged to you: An agency that asks you to pay for finding you a job or hiring you is breaking the rules. Only the employer can pay an agency. Do not pay. Report it to the labour inspectorate and to the employment service that authorised the agency, and claim the money back through the labour courts.

• Confusing the ETT with your client company: The ETT is your legal employer: it signs your contract and pays your wages and Social Security. The client company only directs your daily work, and can be held liable for debts if the ETT does not pay. Take any pay, contract or dismissal issue to the ETT, and ask the client company for safety training before you start.

• Unlawful worker transfer: Being supplied to a company by a firm that is not an authorised ETT can be unlawful transfer (cesión ilegal). Warning signs are a firm with no real business or means that does not act as your employer, while the client directs your work. If this looks like your case, get advice from a labour union or a labour lawyer.

Frequently asked questions

Does the client company have any responsibility if the ETT does not pay me?

Yes, the client company is responsible for your unpaid wages and Social Security if the ETT fails to pay. This liability is secondary, but it becomes shared with the ETT if the required safety training or medical checks were not done. Ask the client company which checks you have had.

Am I paid the same as the client company's own staff in the same job?

Yes, you have the right to the pay conditions of the client company's workers in the same job. That includes the pay set by its collective agreement (convenio), pro rata pay and any bonuses for the role. You can also ask to be told about vacancies at the client company.

What can I do if an agency asks me to pay a fee?

You can report the agency to the labour inspectorate (Inspección de Trabajo y Seguridad Social), which can sanction it. Also tell the public employment service that authorised the agency.

What happens if I am passed to another company by a firm that is not an ETT?

You may be a victim of unlawful transfer (cesión ilegal), and both companies are then jointly liable for your wages and Social Security.