WorkMotion must ensure that the working conditions of its talents (leased to the Client) are at least as favourable as those of a comparable Client’s own employees. These working conditions include mainly the working time (incl. breaks and rest time), overtime work, on-call duty, annual leave, public holidays, wage conditions, catering, health and safety rules, liability for work accidents and occupational diseases, protection of employees claims, protection of certain employees (pregnant employees, parents caring for their children, and underage employees), and collective bargaining rights.
Since the Client’s CBAs (if any) / sectoral CBAs do not directly apply to WorkMotion’s talents, WorkMotion needs to know those specific conditions in advance, in order to comply with the above requirement.
Therefore, we should maintain parity among the client's talents and other employees. In other words, The working conditions among the talents employed by WM Slovakia can differ from each other (depending on the client).
Waiving the probation period/Adding more vacation days could be considered as a breach of equal treatment principle if it would be based on the different treatment on qualified reasons (e.g. age, gender, race, religion, health conditions, etc.). If these different treatments were not based on these qualified reasons, there should not be any issue in waiving off the probation & adding more vacation days.
Additional example:
If the Client is a foreign one, e.g. from France, and is bound by a CBA in France, then we need to apply the very same French benefits to the Slovakian EE we hire for them.
Source (if any): Law Firm