Do Federal Labour Standards Apply to Temporary Employees, Provided by an Employment Agency?
There are no constitutional obstacles to the application of federal labour standards, simply on account of the employees being temporary, or their being provided by an agency. For example, if the agency itself or the enterprises where the temporary employees actually provide services, are federal works, undertakings or businesses, federal labor regulations will apply. There is, of course, the question of the nature of the contractual relations between the workers, the agency, and the businesses where the workers actually provide services. In some instances, these contractual relations are such that the agency is the employer and in others the agency simply functions as the agent taking a commission and the actual employment relationship is between the actual “workplace” and the “employee.” In theory, where the actual workplace is a federal work, undertaking, or business, it might seem to be able to avoid being subject to federal labour regulations by contracting with an agency for “ser
