P.R. Laws tit. 29, § 575b
The mandatory decree that covers temporary employment companies shall apply to temporary employees provided by temporary service companies, as to vacation leave and sick leave. Provided, That with regard to the other employment conditions established by decree, the mandatory decree of the client company shall apply to said temporary employees.
Nevertheless, for the purpose of temporary employee claims under the provisions of Act June 26, 1956, No 96 and §§ 271 et seq. of this title, both the temporary service company and the client company shall be deemed joint employers, as this term is defined in subsection (e) of § 575 of this title.
Provided, That with regard to the legislation prohibiting job discrimination and sexual harassment, as well as the legislation which regulates unjustified dismissal, whoever discriminates against or dismisses the employee or incurs actions sanctioned by law, be it the temporary employment company or the client company, shall answer for their compliance.
Regarding legislation which compels the employer to retain the employee’s position during the term of effectiveness of the contract, when it concerns temporary employees provided by temporary service companies, the obligation to retain their position stated in these laws and according to their requirements, shall rest upon the temporary service company, or in the case of non-compliance by the aforesaid, upon the client company to which the employee was rendering his/her services at the time in which he/she availed him/herself of said leave.
The temporary service company shall be responsible for the payment of the Christmas bonus of the temporary employees provided by the aforesaid to the client companies, unless said employee has worked for the client company for the seven hundred (700) hours required by §§ 501 et seq. of this title, although in case the temporary service company does not comply with this obligation, said client company shall be responsible instead.
History —July 22, 1992, No. 26, § 3.