A temporary service (known as EST) company is one that engages services with third party beneficiaries to collaborate temporarily on the development of its activities, through the work carried out by natural persons, directly contracted by the temporary services company, which has the character of employer with respect to these. No temporary services company can use a social reason that induce to error or confusion with an existing; When this happens, the competent official of the Ministry of Social protection will proceed ex officio or upon request of a party, to sort the name modification by administrative act against which come from resources replenishment and appeal. The temporary services company has two months from the record of the resolution to change the name, under penalty of which is denied authorization to operate or is suspended, when this would have already been granted. The types of workers who have temporary utilities workers linked to the temporary service enterprises are of two categories: plant workers and workers in mission. Plant workers are those who develop their activity in own companies of temporary service dependencies. He is understood by own units, those in which economic activity by the temporary services company is exercised.
Mission workers are those that the temporary services company sends dependencies of its users to comply with the task or service contracted by the latter. Users of temporary service firms is called user, any person or entity that you hire the services of temporary services companies. An added value of this figure is that the user has the faculty to exercise the power of subordination against workers in mission, reason why is empowered for the enforcement of orders in terms of mode, time or amount of work. However, it should be noted that this power is exercised pursuant to a delegation from the company services temporary. Payments that must be done temporary services companies temporary services companies are them obliged to affiliate and pay the parafiscal contributions and contributions to the social security systems in health, pensions and occupational hazards, in accordance with the legal provisions governing the matter. Within the first ten days of each month, temporary service companies shall inform the corresponding user of the service, over membership and the payment of contributions to the comprehensive social security system, staff on mission that has provided his services during the immediately preceding month.
In the event that the temporary services company is unable to supply the information or present inconsistencies, the user of the service shall report such fact to the Ministry of Social protection within five days following the expiration of the deadline. The omission of this duty liable jointly and severally liable to the user in the payment of the corresponding contributions, as well as the legal and economic consequences that derived from the omission, avoidance or circumvention. Any person or authority having knowledge on behaviors of avoidance or circumvention of parafiscal contributions or payments to the system of comprehensive social security in temporary services companies, must report it immediately to the Ministry of Social protection or the national Superintendence of health, as the case. Original author and source of the article.