European Employment Law Cases


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
Author's information

Petra Smolnikar
Petra Smolnikar is the founder and manager of PETRA SMOLNIKAR LAW (Odvetništvo Petra Smolnikar), in Ljubljana, Slovenia (

Tjaša Marinček
Tjaša Marinček is a student assistant at PETRA SMOLNIKAR LAW (Odvetništvo Petra Smolnikar), in Ljubljana, Slovenia (
  • 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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