Temporary Work Agencies (TWAs) and their Liability Insurance - Opinion of (Re)Insurance Professionals
Purpose of this anonymous questionnaire is to find out the opinion of (Re)Insurance professionals on the TWAs, their business environment and specifically - their liability insurance (existing / potential) - considering current regulatory framework in each respective country. The questionnaire consists of 27 questions and takes 15 – 20 min to complete. The results of this questionnaire will be used solely for research purpose as a part of master thesis. All opinions expressed here will be regarded collectively without emphasizing particular respondents. Your opinion is not perceived as a statement of your employer’s/company’s position/point of view. If you wish to receive a copy of summarized results, please leave your e-mail address at the end of the questionnaire. Thank you very much for your valuable time and input!
Please enter your information:
Please indicate region you are representing: EU or Non-EU
1. In your country, would you describe TWAs as a sector in its own right?
Yes
No
Don't know
 
2. In your country, how widespread are TWAs, and how relevant is such labor attraction method to user companies?
 Totally disagreePartially disagreeDon't knowPartially agreeTotally agree
TWAs are widespread          
Such services are relevant to user companies          
 
3. Is there a separate legal regulation for TWAs, or is it incorporated in a more general piece of legislation (e.g. legal regulation specifically for TWAs vs general labor law)?
Separate regulation, specifically for TWAs
Incorporated in a more general piece of legislation
Don't know
 
4. Is there any existing case-law that you know of concerning TWAs? Could you provide the names / numbers of publically available cases and/or parties involved?
 
5. In your country, is there any Code of Professional Practice designed for TWAs, or other type of self-regulation (trade associations)? Is membership / adherence mandatory?
 YesNoDon't know
Self-regulatory bodies / principles      
Membership / adherence mandatory      
 
6. In your country, is the form of TWA contract regulated of left at discretion of each agency?
Fully regulated
Partially regulated
Unregulated - left at discretion of each agency (basic contract principles have to be observed, but nothing specific for TWAs)
 
7. Are there any mandatory conditions to open TWA in your country?
Yes
No
Don't know
 
8. In your country, is there an enforcement mechanism (body) imposing sanctions / penalties on TWAs for not respecting regulation?
Yes
No
Don't know
 
9. On average and in your opinion, how long is one assignment of a TWA worker with one user company, in your country?
 up to 1 month1-3 months3-6 months6-12 monthsmore than 1 year
Average length of assignment          
 
10. In your country, is there a publically available source of statistics / data concerning TWAs? Could you provide web address of this source?
 
11. Please rate availability and quality of statistical data concerning TWAs in your country.
 12345 
Bad          Good
 
12. In your opinion, user companies operating in which class of risky activities use services of TWAs most often (would like to use), in your country?
Low-risk activities (e.g. office work)
Medium-risk activities (e.g. warehouse work)
High-risk activities (e.g. construction, manufacture)
It doesn't matter - in those activities where labor is needed
 
13. Where do you see main risk for TWA, for their workers, for user company?
 
14. Do you find triangular arrangements among TWA-worker-user company clearly define responsibilities of each partie?
Yes
No
Don't know
 
15. Are there any claims involving TWAs that you know of? Could you provide a short description and approximate sum of claim?
 
16. In your opinion, who is liable for worker's injury at workplace (consider he/she is TWA's assigned worker)?
User company is liable - worker is injured on their premises while performing duties under direction and for the interest of user company
TWA because it is agency's assigned worker - not user company's worker
Both, TWA and user company
Don't know
 
17. In your opinion, who is liable for user company's damaged property resulting from TWA s assigned worker's act/failure to act?
Worker
TWA
Both the worker and TWA
Don't know
 
18. In your opinion, should TWAs ensure safety of the workers at user company's site?
Yes
No
Don't know
 
19. In your country, do TWAs have any enforcement capacity, if they want to ensure worker safety at user company's site?
 
20. In your opinion, what incentives do user companies have to keep TWA workers safe?
 
21. Please evaluate fraud risk in terms of TWA workers' injuries at work and user company's damaged equipment.
 Low riskLow - Medium riskMedium riskMedium - High riskHigh risk
TWA workers' injury at work          
User company's damaged equipment          
 
22. In your country, is there a special / tailor-made liability insurance solution (product) for TWAs?
Yes
No, but we make special adjustments to our standard liability wording in case of TWA
No, we use standard wording without any special adjustments / tailor-made products
Don't know
 
23. If you had to offer liability insurance to TWA in your country, which solution would you chose? (many answers possible)
GTPL (General Third Party Liability)
Employer's liability
PI (Professional Indemnity)
One of the above + special adjustments
Tailor-made product - specifically for TWAs
Don't know
Other (please indicate):
 
24. In your opinion, should liability insurance for TWAs and / or user companies be mandatory in your country (please select "YES" if it already is)?
 YesNo
TWAs    
User companies    
 
25. In your opinion, should liability isnurance for TWAs and / or user companies be composed of conventional liability products / such products with special adjustments / separate, tailor-made products?
 Conventional liability productsConventional products with special adjustmentsSeparate, tailor-made products
TWAs      
User companies      
 
26. Do you have any other comments, suggestions, remarks concerning TWAs, their business, legal framework and / or their liability insurance?
 
27. Please indicate your e-mail here, if you wish to receive a summarized result of this questionnaire.