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I've been temping at a publishing company since November 2010. I'm considered a temp of an agency that has placed me at this company so technically I have no ties to the publishing company itself. At first my assignment was only supposed to run through the end of March 2011 but it keeps getting extended. Now I'm supposed to be here till the end of March 2012. I'm obviously happy to be working but would prefer 'permanent' employment. The powers that be clearly like my work but don't seem to want to offer me a permanent position. I was just talking to some colleagues and they mentioned that a company is supposed to offer the person a permanent position after a year or let them go (I'm in North Carolina by the way). I'm a bit hesitant to say something (I'd rather be temping if the alternative is unemployment). That said, I also don't want to be taken advantage of either. I'm going to try calling the Department of Labor next week but I was wondering if anyone on this board knows the law in a situation like mine. Any words of wisdom would be appreciated. Thanks.
After three months of full-time service, you must be offered enrollment in an employee health insurance plan (through the temp agency). If you work more than 1,000 hours per year, they must let you enroll in their retirement plan. But beyond that, there is no law that requires that a temp be reclassified as permanent.
Before you approach the company about being made permanent, you might try to suss out why they have not done so already. After all, they have to pay a hefty fee to the agency on top of your wages. If you were made permanent, they could surely save a sizable chunk. Even a likely 'finders fee' that is typically paid when a temp goes permanent is small compared to the fees they would pay for such a long temporary staffing assignment.
So there must be a reason, and if you can figure out what that is, you stand a better chance of convincing them that reason isn't an issue. Maybe they just think that you aren't interested in a full-time job.
After three months of full-time service, you must be offered enrollment in an employee health insurance plan (through the temp agency). If you work more than 1,000 hours per year, they must let you enroll in their retirement plan. But beyond that, there is no law that requires that a temp be reclassified as permanent.
Before you approach the company about being made permanent, you might try to suss out why they have not done so already. After all, they have to pay a hefty fee to the agency on top of your wages. If you were made permanent, they could surely save a sizable chunk. Even a likely 'finders fee' that is typically paid when a temp goes permanent is small compared to the fees they would pay for such a long temporary staffing assignment.
So there must be a reason, and if you can figure out what that is, you stand a better chance of convincing them that reason isn't an issue. Maybe they just think that you aren't interested in a full-time job.
I work 40+ hours per week. I haven't even taken one sick day since my assignment began. I truly think the only reason they haven't made me permanent is so they can save $ by not giving me benefits. I've made it clear I'm interested in permanent employment so that's not the reason. I appreciate your response and will ponder my next move carefully. I have to admit I'm a bit perplexed since I never thought this would happen. I believed that if I did a good job, I'd be offered a permanent position.
After three months of full-time service, you must be offered enrollment in an employee health insurance plan (through the temp agency). If you work more than 1,000 hours per year, they must let you enroll in their retirement plan. But beyond that, there is no law that requires that a temp be reclassified as permanent.
Before you approach the company about being made permanent, you might try to suss out why they have not done so already. After all, they have to pay a hefty fee to the agency on top of your wages. If you were made permanent, they could surely save a sizable chunk. Even a likely 'finders fee' that is typically paid when a temp goes permanent is small compared to the fees they would pay for such a long temporary staffing assignment.
So there must be a reason, and if you can figure out what that is, you stand a better chance of convincing them that reason isn't an issue. Maybe they just think that you aren't interested in a full-time job.
Actually I disagree. A temp agency does NOT have to offer you any kind of benefits. They don't even HAVE to offer a retirement plan. Plus NO employer is required to offer sick time or any kind of paid time off. Well-- I take it back I *think* in some localities they require employers to offer sick leave-- I am thinking that is San Francisco is one...
Now-- if your employer is of size required to offer FMLA then that is another thing-- or in CA they have their own family medical leave requirements as well. But in general, there are no laws that say a temp agency has to do anything but pay the employee according to FLSA requirements.
I am thinking kodaka you are referring to a benefits package a temp agency you are familiar with offered-- but in general there is nothing to govern what kind of benefits they should or should not provide-- and if they HAVE to make an employee go permanent after a certain period of time.
I work 40+ hours per week. I haven't even taken one sick day since my assignment began. I truly think the only reason they haven't made me permanent is so they can save $ by not giving me benefits. I've made it clear I'm interested in permanent employment so that's not the reason. I appreciate your response and will ponder my next move carefully. I have to admit I'm a bit perplexed since I never thought this would happen. I believed that if I did a good job, I'd be offered a permanent position.
No guarantees ever.
Even if it is just customary then it doesn't mean that they will do it for you. I have known temps at my company become perm employees quickly-- I have known other departments who never flip them to perm employees.
Purely dependent (in the case of my company) on the management and department.
It is a heck of a lot cheaper to have a temp-- even if the hourly salary is higher (my company pays temps higher than a normal employee). Benefits adds a HUGE cost to the bottom line. Plus-- much harder (in most companies) to get rid of a full time perm employee than a temp.
After three months of full-time service, you must be offered enrollment in an employee health insurance plan (through the temp agency). If you work more than 1,000 hours per year, they must let you enroll in their retirement plan. But beyond that, there is no law that requires that a temp be reclassified as permanent.
Where are you getting this from? I've never heard of such a thing. Maybe it's specific to your state (in which case it would be horrible law)?
After three months of full-time service, you must be offered enrollment in an employee health insurance plan (through the temp agency). If you work more than 1,000 hours per year, they must let you enroll in their retirement plan. But beyond that, there is no law that requires that a temp be reclassified as permanent.
Before you approach the company about being made permanent, you might try to suss out why they have not done so already. After all, they have to pay a hefty fee to the agency on top of your wages. If you were made permanent, they could surely save a sizable chunk. Even a likely 'finders fee' that is typically paid when a temp goes permanent is small compared to the fees they would pay for such a long temporary staffing assignment.
So there must be a reason, and if you can figure out what that is, you stand a better chance of convincing them that reason isn't an issue. Maybe they just think that you aren't interested in a full-time job.
Don't know where you got that information from. But temp agencies do not offer benefits to temps automatically after 3 months of working for them.
There are agencies who have benefit plans that a long term temp after a certain period of time can enroll in. But they're usually expensive and the benefits aren't that good.
And that is also not always true about a finders fee. There are agencies who after a temp has worked at the same assignment(sometimes as little as 3 months)will just release the temp to the company.
I once worked at a place who hired lots of temps. This was a union job and in our union contract it stated the company could allow up to 10% of the workforce to be temps at any given time. Our contract also said that any temps who worked for the company for a period of 9 consecutive months would be hired on full time and would be eligible for the company paid benefits. In addition to this, they would also start being paid at the top pay level all the permanent employees enjoy. This pay raise would have been well over $5 an hour, or roughly a 40% increase. Not bad huh?
So what do you think happened?
Well I'll tell you what happened. This cheap ass, unethical company worked these poor people 8 months and 29 days as a low paid temp and on the day before their nine months were up, they told them they were laying them off temporarily but they will be called back in a week or so. Pretty convenient timing don't you think? Now everyone of these people who decided to come back had to start their nine month commitment all over again.
I've seen this pattern happen more than once, There were some people who worked there over three years as a temp and never had the chance to get hired full time. The really sad thing is, a lot of these people had very good work ethics and could work circles around some of the regular workers.
There is none. I knew some who were "temporary" for over ten years at one firm. Of course the company that fired everyone before nine months shows that unions are not always helping the workers.
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