S.L. 452.106 Art. 3Scope.

(1) These regulations apply to:

(a) workers who have entered into a contract of employment or an employment relationship with a temporary work agency, whether on an indefinite, a whole-time, a part-time or a fixed term basis, who are

*These regulations have been repealed by Legal Notice 128 of 2024. assigned, whether on a regular or on an irregular basis, to user undertakings to work temporarily at the place of work of such undertaking: Provided that unless otherwise specified in a contract of employment, a temporary agency worker shall be presumed to have entered into an indefinite contract of employment or an indefinite employment relationship with a temporary work agency;

(b) public and private undertakings engaged in economic activities, whether or not they are operating for gain, which are temporary work agencies or which perform the same functions as temporary work agencies, whether as a main or as an ancillary function or which are user undertakings.

(2) For all intents and purposes of the Act, any regulations made thereunder and under any other law, the temporary work agency shall be considered the employer of the temporary agency worker, and such temporary agency worker shall be considered the employee of the said temporary work agency, and the provisions contained therein shall apply to such a contract of mutatis mutandis employment or employment relationship, and that notwithstanding anything to the contrary, the user undertaking shall not be considered as the employer of the temporary agency worker.

(3) These regulations shall not apply to employment contracts or relationships concluded under a specific public or publicly supported vocational training, integration or retraining programme.

(4) These regulations shall be applicable without prejudice to the introduction and implementation of more favourable provisions in any individual contract or in any collective agreement.