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European Employment Law Cases
Article

2023/19 When does using agency workers lead to a concealed employment relationship between the workers and the user company? (SI)
Keywords Temporary agency work, Employment status
Authors Petra Smolnikar en Tjaša Marinček
DOI 10.5553/EELC/187791072023008002008
Author's information

Petra Smolnikar
Petra Smolnikar is the founder and manager of PETRA SMOLNIKAR LAW (Odvetništvo Petra Smolnikar), in Ljubljana, Slovenia (http://petrasmolnikarlaw.eu).

Tjaša Marinček
Tjaša Marinček is a student assistant at PETRA SMOLNIKAR LAW (Odvetništvo Petra Smolnikar), in Ljubljana, Slovenia (http://petrasmolnikarlaw.eu).

  • Abstract

      The Supreme Court of the Republic of Slovenia has issued a judgment concerning the contractual relationship between a worker who had an employment relationship with a de facto employment agency (the ‘agency’) but was continuously working for a port operating company. Given that the ‘agency’ was not registered for the activity of providing labour to a user company and that the agency work was not temporary, the Court found such behaviour constituted a breach of the fundamental requirements arising out of Directive 2008/104/EC on temporary agency work.

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