Brauchen Sie Hilfe? 24/7
The Temporary Employment Act (AÜG) has been revised and there are important changes that affect companies, employees and hirers alike. Here are the key changes:
1. authorisation requirement with stricter legal consequences: Commercial hiring out of own employees to third parties remains subject to authorisation. Companies must find out about the consequences in good time and apply for a licence if necessary.
2. maximum assignment period: The maximum assignment period is now generally 18 months. Collective agreements can shorten or extend this period in individual cases. Non-compliance can lead to fines and a licence being refused.
3. principle of equality (equal pay): Temporary workers are entitled to the same pay as comparable permanent employees after nine months. The adjustment period can be up to 15 months in the case of collective agreements. Violations can result in fines of up to 500,000 euros.
4. labelling and specification obligation: Contracts must be clearly labelled as employee leasing. Labour quotas must be specified prior to the assignment. Violations lead to the invalidity of the contracts and can be penalised with fines.
5. right of objection of the temporary worker: A new right of objection has been introduced. The employment relationship between the temporary employment agency and the temporary worker becomes ineffective if the maximum assignment period is exceeded or if there is no labelling in the contract. However, an objection within one month can prevent this.
6 Ban on strikebreakers: In the event of industrial action, there is a legal ban on temporary workers taking on work that was previously carried out by striking employees. Violations can be penalised with fines of up to 500,000 euros.
7. participation and co-determination rights of temporary workers: Temporary workers now count towards works constitution thresholds in the hirer company.
8. refusal of authorisation: Failure to comply with the maximum duration of temporary employment can lead to the refusal of authorisation due to a lack of reliability.
For further information, please visit the website of the Federal Ministry of Labour and Social Affairs.
Job Bridge Network News
