S.L. 452.106 Art. 4Equal treatment.

(1) The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job, by virtue of the Act, or any regulations issued thereunder or under any other legislation or by virtue of any applicable collective agreement.

(2) For the purposes of these regulations, the term "basic working and employment conditions" means such conditions as limitedly relate to:

(a) pay;

(b) the duration of working time;

(c) overtime;

(d) rest breaks;

(e) rest periods;

(f) night work;

(g) annual leave;

(h) public holidays;

(i) the protection of pregnant women, women who have just given birth or who are breastfeeding;

(j) the protection of children and young people; and

(k) equal treatment for men and women and any action to combat any discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation.

(3) For the purposes of sub-regulation (2)(a), "pay" means remuneration or earnings payable to the worker by his employer by virtue of the Act, any order or regulation issued thereunder or by virtue of an applicable collective agreement, that is, the basic wage, any statutory cost of living increase payable under the Act or under any other law, any statutory bonuses and allowances payable under the Act or under any other law, the payment for overtime work at the applicable rate, payment in respect of public holidays, payment in respect of annual leave, payment in respect of maternity leave and any applicable shift allowances.