Agency work or temporary work of workers is regulated by Directive 2008/104 EC on temporary agency work, which is implemented in Slovenia by the Labour Market Regulation Act and the Employment Relationships Act. The basic
feature of this form of work is its temporariness, which has been lost in Slovenia since the entry into force of the new Employment Relationships Act in 2013 in cases where agency workers have concluded employment contracts
with the agency for an indefinite period and it looks like in such cases it is no longer important. The theory has long pointed this out, and the latest case law of the CJEU confirms that the temporariness of work for the user in this form
of work is mandatory regardless of (non)existing measures in law and regardless of the duration of the employment contract with the agency. The article demonstrates that by taking into account the circumstances of each case, it is
possible to fill the notion of temporariness and that despite the fact that the law does not explicitly provide for the transfer of the employee to the user in case of exceeding the temporariness, an employee may be granted an employment relationship with the user undertaking if it is his/her actual employer. The author
also recommends the reintroduction of a legal limit on the duration of assignments to the user undertaking, which would avoid uncertainty as to how long the agency work can still be considered temporary in an individual case.
Key words: temporary agency work, temporariness, actual employer, time imits of agency work, annulment of the contract for the provision of temporary work of workers.