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Temporary agency workers II

Germany: Employing staff from CEE without time limitation does not lead to unlimited employment with a temporary employer.

Employing staff from CEE without time limitation does not lead to unlimited employment with a temporary employer

The Federal Labour Court (Bundesarbeitsgericht – BAG) has now decided that non-temporary employment of staff through agencies does not lead to unlimited employment with a temporary employer. According to the BAG this consequence is not explicitly stated in the German Temporary Employment Act - Arbeitnehmerüberlassungsgesetz (AÜG).

This differs from cases where the agency does not have the necessary permission for temporary employment. In cases of cross-border-employment special attention needs to be paid to the fact that the agency needs permits for both countries (country of origin and Germany). If either of these permits is missing the Contract for temporary employment is invalid under sect. 9 AÜG which leads to unlimited employment with a temporary employer (sect. 10 AÜG).

Source: BAG decision as of 10 December 2013, 9 AZR 51/13

Sebastian Harschneck
 
 
 
 
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