S.L. 452.133 Art. 3Applicability.  S.L. 452.130.

(1) These regulations shall 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, whole-time, part-time or fixed term basis, who are assigned, whether on a regular or on an irregular basis, to user undertakings to work temporarily under their supervision, direction and control;

(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 or 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 beconsidered as the employer of the temporary agency worker.

(3) These regulations shall not apply:

(a) to employment contracts or relationships concluded under a specific public or publicly supported vocational training, integration or retraining programme; and

(b) in each of the cases where a licence is not required under the Employment Agencies Regulations.

(4) In the event of any difference in the basic working and employment conditions applicable in any individual contract or in any collective agreement applicable by virtue of the employment relationship arising between the temporary agency worker and the temporary work agency and those applicable at a user undertaking, the most favourable basic working and employment conditions shall prevail and be applicable to the temporary agency worker.