Dr. Christoph Fingerle, Fachanwalt für Arbeitsrecht

New developments with regard to the hiring out of temporary workers

As of 1 April 2017, far-reaching amendments in the context of the hiring out of temporary workers will come into force:

 

  • Limitation of the duration of such hiring out arrangements: In the future, it will only be possible to hire out an individual temporary worker for a maximum period of 18 months; however, it will be possible to fill a single position with (various) temporary workers over a period in excess of 18 months. Interruptions of short duration will not have the effect of causing the 18-month period to commence anew.
  • Equal pay: In the future, temporary workers will as a general rule be entitled to receive the same remuneration as permanent employees after a period of no more than nine months.
  • Prevention of misuse of works contract constellations: Pursuant to the new provisions, any hiring out of temporary workers must be disclosed. Existing permits for the hiring out of temporary workers will now only cover contractual arrangements which are explicitly identified as arrangements for the hiring out of temporary workers.
  • Prohibition against the use of temporary workers as strikebreakers: The use of hired out workers as strikebreakers will be prohibited in the future.
  • Co-determination: Hired out temporary workers will also count towards the threshold values pursuant to the German Works Constitution Act (Betriebsverfassungsgesetz) and in the corporate co-determination context.

The new provisions are equally of relevance for companies deploying external personnel and companies deploying workers in other companies, whether this is already occurring in the context of temporary employment contracts or works contracts. Any divergence from these requirements will only be possible by means of collective labour agreement.

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