Template · Staffing agency documents

Temporary employment contract

By TapTalent Editorial TeamUpdated

In short

A temporary employment contract sets the terms for a worker hired for a limited period or a series of assignments: who the employer is, pay and overtime, how hours are recorded, how assignments end and what happens if the client hires them. This template works for staffing agency temps and for employers hiring seasonal or fixed-term staff directly.

Temporary Employment Agreement template

Temporary Employment Agreement

Use version A wording where a staffing agency employs the worker and places them with clients, or version B where an employer hires a seasonal or fixed-term worker directly. Delete the version you do not use. Assignment-specific details (client, site, rate, dates) go on a separate assignment confirmation for each placement.

1. Parties

This agreement is between [Employer Legal Name], [Address] (the Employer), and [Worker Full Name], [Address] (the Worker), and takes effect on [Effective Date]. Version A: the Employer is a staffing agency that places the Worker on temporary assignments with its clients (each a Client). Version B: the Employer hires the Worker directly for a temporary position.

2. Nature of employment

The Worker is a temporary, non-exempt employee of the Employer. Version A: the Worker is employed by the Employer only during assignments and is not an employee of any Client. The Employer does not guarantee any number of assignments or hours. Version B: the position of [Job Title] is expected to run from [Start Date] to approximately [Expected End Date] to cover [seasonal peak / project / leave of absence]. In both versions, employment is at will: either party may end it at any time, with or without cause or notice, subject to applicable law. Any expected end date is an estimate and does not promise employment until that date.

3. Assignments and duties

Before each assignment the Worker will receive an assignment confirmation stating the Client, worksite, job title, duties, supervisor, schedule, pay rate, expected length and any safety equipment or requirements. The Worker may decline an assignment. Once accepted, the Worker will report to the assigned worksite on time, follow the Client's reasonable instructions, safety rules and workplace policies, and perform only the duties described in the confirmation. The Worker will tell the Employer promptly if asked to do work materially different from the confirmed duties, including operating equipment they have not been trained on.

4. Pay

The Worker is paid [$Hourly Rate] per hour, or the rate stated in each assignment confirmation, which will never be less than the applicable federal, state or local minimum wage. Overtime is paid at one and a half times the regular rate for hours worked over 40 in a workweek, and where state law requires, for hours over [8] in a day. The workweek runs from [Day, Time] to [Day, Time]. Pay is [weekly / biweekly] by [direct deposit / pay card / check], with lawful deductions only, including taxes and any deductions the Worker authorizes in writing. Shift differentials, if any, are stated in the assignment confirmation.

5. Hours and timekeeping

The Worker will record all hours worked accurately, including start and end times and meal breaks, using [the Client's timeclock / the Employer's app / a signed timesheet]. Work performed before or after a shift, including required security screening or donning protective equipment where it counts as work, must be recorded. No one may ask the Worker to work off the clock. The Worker's supervisor approves time each week; the Worker should report any error within [3] days of payday and it will be corrected. Meal and rest breaks are provided in line with state law.

6. Attendance and absences

If the Worker will be late or absent, they must notify [the Employer's branch at Phone Number] at least [2] hours before the shift starts, as well as any contact named by the Client. Paid sick leave accrues and may be used as required by state or local law. Failure to report for [2] consecutive scheduled shifts without notice may be treated as a voluntary resignation.

7. Benefits

The Worker is eligible for benefits required by law, including workers' compensation coverage and any paid sick leave. Version A: the Worker may be eligible for the Employer's [health plan / 401(k)] after [eligibility period] in line with plan rules and the Affordable Care Act. The Worker is not eligible for any Client benefit plan. Version B: temporary employees [are / are not] eligible for [list benefits], subject to plan terms.

8. End of assignment and end of employment

An assignment may end early at the Client's or Employer's request or the Worker's. The Worker should give [2] working days' notice if they intend to leave an assignment. Version A: when an assignment ends, the Worker must contact the Employer within [3] business days to be considered for another assignment; where state law requires this to avoid an unemployment claim being treated as a voluntary quit, the Employer will give the Worker a written copy of this rule. Final pay is issued within the time required by state law.

9. Hiring by a Client

Version A: if a Client offers the Worker direct employment, the Worker is free to accept. Any fee is a matter between the Employer and the Client and will never be charged to the Worker. The Worker will tell the Employer if a Client approaches them about a direct job.

10. Safety

The Worker will receive site-specific safety training before starting work at any site and must use all protective equipment provided. The Worker must report any injury, near miss or unsafe condition to the Client supervisor and the Employer immediately, and must not perform any task they believe is unsafe or have not been trained for.

11. Confidentiality and conduct

The Worker will keep confidential any non-public information about the Employer, its Clients and their customers learned during an assignment, during and after employment, and return all badges, equipment and materials when an assignment ends. Nothing in this agreement stops the Worker from discussing wages or working conditions, reporting possible legal violations to a government agency, or exercising any other right protected by law.

12. Equal opportunity and complaints

The Employer prohibits discrimination and harassment based on any characteristic protected by law. The Worker should report any concern about conduct at a Client site, including by Client staff, to [Name / Hotline / Email]. The Employer will investigate and will not retaliate against anyone for making a good-faith report.

13. General

This agreement, the Employer's [handbook / temporary worker policies] and each assignment confirmation make up the terms of employment. If they conflict, the assignment confirmation controls for pay and schedule. Changes must be in writing. This agreement is governed by the laws of [State].

Signatures

Worker name
Worker signature
Date
I have received a copy of this agreement and the policies referred to in section 13
Employer representative name and title
Employer signature
Date

How to use this template

  1. Choose version A (agency employs, places with clients) or version B (direct seasonal or fixed-term hire) and delete the other wording throughout.
  2. Fill in pay, workweek, pay frequency, the absence call-in rule and the end-of-assignment contact window.
  3. Check state-specific items: daily overtime, meal and rest breaks, paid sick leave, final pay timing and any written notice required for temp workers.
  4. Sign the agreement once at onboarding, alongside Form I-9, Form W-4 and any state forms.
  5. Issue a separate assignment confirmation for every placement with client, site, rate, schedule and safety needs.
  6. Store the signed agreement in the worker's file and re-sign only when terms change, not for each assignment.

What a temporary worker agreement needs to do

A temp contract has two jobs. It makes clear who the employer is, which matters for pay, workers' compensation, unemployment and liability. And it separates the stable terms (pay rules, timekeeping, conduct, safety) from the things that change every assignment (client, site, rate, dates). That is why this template points to an assignment confirmation for the details. A warehouse staffing branch might place the same picker at three different distribution centers in a quarter; you want one signed agreement and three short temp assignment confirmations, not three contracts.

The agreement between the agency and its client is a different document. Rates, markup, conversion fees and indemnities belong in the staffing agreement. Keep fee language out of the worker's contract.

Temporary does not mean a fixed-term promise

Most US temporary employment is at will, and the contract should say so plainly. The trap is writing an end date that reads like a guarantee. A seasonal employment contract saying the job 'runs until December 31' can be read as a promise of employment through that date, which matters if you end it early. Use 'expected' or 'approximately' and state that the date is an estimate.

Outside the US, fixed-term contract templates work differently. Many countries limit how many times a fixed-term contract can be renewed, require equal treatment with permanent staff, and convert repeated contracts into permanent employment. If you hire outside the US, use local templates; this one is written for at-will employment.

Pay, overtime and timekeeping for temps

Temporary workers are almost always non-exempt, so the FLSA overtime rules apply in full: time and a half over 40 hours in the workweek, and daily overtime where state law requires it, as in California. When the agency is the employer, the agency pays the overtime, but the client controls the schedule. Write the timekeeping method into the contract and make sure supervisors at client sites know that unrecorded pre-shift work still counts.

An agency temp who works 32 hours at one client and 12 at another in the same week has worked 44 hours for the same employer. The agency owes 4 hours of overtime even though neither client saw more than 40. Use a consistent temp agency timesheet and total hours by worker, not by client.

Joint employment and conduct at client sites

Agencies and clients can both be treated as employers for some purposes, particularly safety and discrimination. OSHA treats host employers and staffing agencies as sharing responsibility for temporary worker safety, which is why the contract requires site-specific training before work starts. On harassment, the worker needs a way to report problems with client staff to the agency, and the agency needs to act on it. See joint employer for how the shared liability works.

Common mistakes

  • Writing a guaranteed end date or minimum hours you cannot honor.
  • Charging the worker any fee related to being hired by a client. Many states prohibit it, and it is bad practice everywhere.
  • Confidentiality clauses that appear to stop workers discussing pay or reporting to agencies. The NLRA protects those rights for most non-supervisory employees.
  • Skipping the end-of-assignment contact rule, then fighting unemployment claims you could have handled. Some states require the rule in writing at hire to rely on it.
  • Treating temps as contractors. If you control the work, schedule and pay hourly, they are employees; see worker classification.

Rules on final pay, sick leave, breaks and temp worker notices vary by state, and some cities add their own. Check the rules for each work location.

Running temp contracts at volume

A branch onboarding 80 seasonal workers a week before peak cannot print, sign and scan paper. Send the agreement for e-signature with the rest of the onboarding packet, record which version each worker signed, and generate assignment confirmations from the job order so rates and sites come from one source. If temps may convert to permanent roles, track their start dates against conversion terms in a contract to hire agreement. For permanent hires on the same team, use the standard employment contract template instead.

Frequently asked questions

What should a temporary employment contract include?

The employer's identity, at-will status and any expected end date, pay rate and overtime rules, timekeeping, attendance reporting, benefits required by law, how assignments end, what happens if a client hires the worker, safety, confidentiality and complaint routes.

Is a seasonal employment contract different from a temp agency contract?

The core terms are the same. A seasonal contract is usually between the employer and worker directly with one expected end date. An agency contract covers multiple assignments with different clients, so it adds assignment confirmations and end-of-assignment rules.

Can I use a fixed term contract template in the US?

You can, but most US employment is at will, and a fixed term with a firm end date can create a promise of employment until that date. Most employers state an expected end date and keep at-will language.

Are temporary workers entitled to overtime?

Almost always. Temps are typically non-exempt hourly employees, so the FLSA requires time and a half over 40 hours in a workweek, and some states require daily overtime too. The employer of record pays it.

Do temporary workers get benefits?

They get benefits required by law, such as workers' compensation and paid sick leave where state or local law requires it. Health coverage depends on the employer's plan and whether the worker averages full-time hours under the Affordable Care Act.