Original scientific paper
https://doi.org/https://doi.org/10.30925/zpfsr.47.2.5
Prohibitions and Restrictions of Temporary Agency Work: A Tool for Preventing Misuse
Darja Senčur Peček
; University of Maribor, Faculty of Law, Slovenia
Sandra Laleta
; University of Rijeka, Faculty of Law, Croatia
*
Karla Kotulovski
orcid.org/0000-0001-5792-1917
; University of Rijeka, Faculty of Law, Croatia
* Corresponding author.
Abstract
Temporary employment of workers assigned by agencies has been on the rise in all EU Member States. Croatia and Slovenia are no exceptions. However, the problem is that, in contrast to the workers directly hired by the employer, temporary agency workers are absolutly and relatively in an unfavourable position on the labour market. In this context it is important to point to the legal gaps that render the long-term use of work on a temporary basis easier, leading in practice to a misuse of temporary employment via agencies when the enterprise mostly needs regular employment. With that in mind, this paper examines the prohibitions and restrictions on the use of temporary agency work. The authors analyse Croatian and Slovenian legislation, EU law, and good practices of several EU Member States as well as settled case-law of the CJEU on the validity of different measures restricting temporary agency work. Moreover, special attention is given to the notion of ‘temporariness’ of temporary agency work assignments that has recently been increasingly investigated by researchers.
Keywords
temporary agency work; restrictions; Temporary Work Directive; Croatia; Slovenia.
Hrčak ID:
350941
URI
Publication date:
15.9.2026.
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