What is the difference between body leasing and temporary work?

Regulations

The main difference lies in the legal basis. Temporary work is strictly regulated by a dedicated law that specifies, among other things, the maximum duration of employment of a temporary employee with one user employer (a total of 18 months in a period covering 36 consecutive months), the principles of equal treatment in terms of pay and working conditions, and the obligations of the temporary work agency and the user employer. Body leasing is not separately regulated by law and is based on the general provisions of the Civil Code on contracts for the provision of services (most often between companies, including in a B2B relationship with specialists).

Profile of specialists and nature of work

Body leasing typically focuses on providing highly skilled IT professionals (programmers, analysts, testers, architects, etc.) with specialized knowledge and experience, often for complex technology projects. Temporary work covers a much broader spectrum of positions and industries, often for simpler, seasonal work or replacements during the absence of permanent employees.

Employment relationship and management

In temporary work, formally the employer is the temporary employment agency, which signs a contract with the temporary employee (either a fixed-term employment contract or a civil contract). The user employer for whom the work is performed, on the other hand, exercises management over the temporary worker and is responsible for organizing his work. In the body leasing model, especially when specialists work together on B2B contracts, the formal employment relationship between the specialist and the supplier may not exist (it is a business relationship). The end customer exercises direct management over the tasks performed by the hired specialist.

Flexibility and time constraints

Both models offer flexibility, but under different rules. Temporary work is subject to the aforementioned time restrictions on working for a single user employer. Body leasing, based on civil law contracts, has no such statutory time restrictions, and the length of cooperation depends on the contractual arrangement between the client and the supplier.

Summary

Although both body leasing and temporary work allow for flexible sourcing of human resources, they are two separate models that differ in their legal basis, profile of employees/specialists, nature of work and restrictions. Body leasing is a model typical of the IT industry and the hiring of highly qualified experts, while temporary labor is more widely applicable and subject to specific statutory regulations.