Temporary to Permanent Employee Rights

One of the more difficult aspects of running a small business is hiring the right people to work for you. Some people can give a good interview but end up being no good on the job. Some small business owners choose to hire staff on a temporary to permanent basis. After a set period of time, the business can either hire the person as a permanent employee or part ways without the hassle of firing the person.

During the period when an employee is working as a temporary staff member, she may not have the rights of a permanent employee. She is still entitled to a many rights, though. She has the right to be paid at least the minimum hourly wage. Temporary employees are also protected against discrimination based on their gender, race or age while on the job. Although an employee may not receive paid time off during the temporary phase, she still has the right to take time off from work for reasonable reasons, such as illness or a death in the family.

Read More: Laws for Temporary Workers After Two Years of Employment

Once a temporary employee goes permanent, she may have increased rights and benefits, depending on the policies of the small business. Since the employee has already passed a trial period, you may decide to award her with health insurance and retirement benefits right after you officially hire her as a permanent employee. She may also qualify for paid vacation time and paid sick days at this point.

Deciding to go the temp-to-perm route benefits employees in some ways. If someone is struggling to find work, taking a temporary position that will eventually go permanent prevents any gaps in employment. At the end of the trial period, if things do not work out, the employee can leave the company without it negatively affecting his resume or other job prospects. Being a temporary employee also allows an employee to show off his talents and skills, which could result in a higher salary once he is hired.

The process of advertising an open position, accepting applications and interviewing potential hires is both time-consuming and expensive. Instead of going through the process, a small business can instead call a temporary agency, which will send a prescreened, eligible candidate to the business. If the employee isn't a match, the business can simply refuse to offer a permanent position at the end of the trial period. Since the employee was a temp, the company doesn't have to officially fire her.