Temporary Employment Act

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Basic data
Title: Law regulating
temporary employment
Short title: Temporary Employment Act
Abbreviation: AÜG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Employment Law
References : 810-31
Original version from: August 7, 1972
( BGBl. I p. 1393 )
Entry into force on: October 11, 1972
New announcement from: February 3, 1995
( Federal Law Gazette I p. 158 )
Last change by: Art. 2 G of March 13, 2020
( Federal Law Gazette I p. 493 )
Effective date of the
last change: 		March 15, 2020
(Art. 3 G of March 13, 2020)
GESTA : G037
Please note the note on the applicable legal version.

The German Temporary Employment Act (AÜG) regulates the provision of employees (temporary workers) insofar as it takes place in the context of an economic activity. Until November 30, 2011, the scope of the law was limited to such temporary employment that was carried out on a commercial basis. The AÜG originally only served the social protection of temporary workers and was intended in particular to protect them from exploitation . In the meantime, the legislature is also pursuing labor market policy purposes with the AÜG .

In Austria, the legal basis is the Temporary Workers Act (AÜG).

Basics

The provision of employees in the context of an economic activity requires a permit. This also applies to lenders based abroad. The Federal Employment Agency grants permission . Around 1.25 percent of all applications are rejected, mostly due to tax and premium arrears from the rental companies. If the lender acts without permission, the contracts that he agreed with the temporary workers and the hiring company are ineffective and an employment relationship arises between the hirer and the temporary worker.

In companies in the construction industry, the commercial leasing of workers for work that is usually performed by workers is generally prohibited. For which companies the ban applies, depends on the construction company regulation (BaubetrV 1980). The ban on leasing does not include certain work in the construction industry such as painting and varnishing, plumbing, carpentry or metal construction.

history

"Leaflet for temporary workers" from the Federal Labor Office, which a lender had to hand over to a temporary worker in accordance with the "Temporary Employment Act" (AÜG) of 1972 when concluding an employment contract with a temporary worker

In the Federal Republic of Germany, temporary work was subject to legal restrictions for the first time with the "Law Regulating Commercial Temporary Employment" (AÜG) of August 7, 1972. The law defines a temporary worker as an "employee who has an employment relationship with a lender and is hired to third parties (borrowers) for work on a commercial basis". The law stipulated that the lender must give the temporary worker a leaflet about his rights when concluding the employment contract, which must be in writing.

In it, the temporary worker was informed that “the lender may not leave you to a borrower for more than three consecutive months” and that “the period of an immediately preceding lease by another lender to the same borrower” will be offset against these three months (point A.6 ). Point A.5 informed the temporary worker that “the employment relationship between you and the lender [...] must survive the first assignment with a hirer. This is only the case if the time for which the temporary employment relationship is continued is in reasonable proportion to the duration of the first assignment ”, and point A.4 informed that the termination of the employment contract by the lender becomes ineffective if the Lender hires the temporary worker again within three months; the lender then had to pay the “remuneration period between termination and renewed employment”. Point A.7 informed that "the lender [...] has to pay you the agreed remuneration even if he cannot employ you with a borrower."

A time limit for the employment contract between the leasing company and the temporary worker was only permitted for objective reasons inherent in the person of the temporary worker, “z. B. family obligations, vacation work, bridging a period until a new permanent job is taken up. The objective reason must be specified in more detail. ”The legal notice periods applicable in 1972 for salaried employees (6 weeks to the end of the quarter) and blue-collar workers (2 weeks) were listed as permitted notice periods. While shorter notice periods were permitted by collective agreement, "the individual contractual agreement of shorter notice periods [...] was excluded".

The law was first changed in 1976 under the then Federal Chancellor Helmut Schmidt .

Change in 2003

The AÜG was changed by the First Act for Modern Services on the Labor Market ( "Hartz I" ) with effect from January 1, 2003: The special prohibition of time limits, the prohibition of synchronization, the prohibition of reinstatement and the limitation of the leasing period to a maximum of two years have been repealed.

In favor of temporary workers, the so-called principle of equality was enshrined in law. This means that temporary workers must be employed on the same terms as the ordinary worker in the user enterprise: Same work , same pay , same holiday entitlement (. So-called equal pay and equal treatment). A collective agreement can, however, permit deviating regulations, of which use has already been made, for example through the collective agreements of the employers' association of medium-sized personnel service providers (AMP) with the collective bargaining community for Christian labor unions temporary work and PSA or through the collective agreements of the DGB unions with the Federal Association of Temporary Work (BZA) or the Association of German Temporary Employment Agencies (iGZ). Constitutional complaints from employers' associations and rental companies against the principle of equality were unsuccessful.

Change in 2011

Due to various incidents (e.g. termination of employees and “re-employment” via previously self-established temporary employment agencies under worse conditions) and due to the necessary implementation of the EU's new temporary agency work directive, the AÜG was changed again. In line with the expansion of the scope of the law, the word “commercial” was deleted from the heading and several paragraphs with effect from December 1, 2011. In addition, at the request of the social partners in the field of temporary work , the possibility has been established to have a lower wage limit declared generally binding, a kind of minimum wage for temporary work. Lenders were obliged to provide temporary workers with working conditions similar to those of comparable permanent employees in the company, including access to community facilities. The Federal Council criticized the applicability to workshops for people with disabilities .

Another change in the law, which should regulate the controls and the corresponding sanction options, came into force on July 30, 2011.

Change in 2017

Since April 1, 2017, there has been a maximum leasing period of 18 months for temporary workers ( Section 1 Paragraph 1b AÜG), which means that there is an express ban on so-called chain leasing . Previous periods of lease to the same borrower are to be fully taken into account if there are no more than three months between the assignments. Different regulations can be made through collective agreements and for churches and religious societies under public law. Lease periods before April 1, 2017 are not taken into account when calculating the maximum lease period ( Section 19 (2) AÜG). Temporary workers are entitled to the same wages as the rest of the permanent workforce ( Section 8 (1) AÜG). Deviations from this can be made through a collective agreement (Section 8 (2) and (4) AÜG). The expanded Section 11 (5) AÜG prohibits the use of temporary workers who carry out the activities of striking workers ( strike breakers ).

criticism

The Temporary Employment Act is controversial. The Federal Association of Temporary Employment and the Association of German Temporary Employment Companies, as well as the Association of German Chambers of Commerce and Industry , are calling for the AÜG and the reservation of permission to be abolished - they are calling for a deregulation of temporary employment.

On the other hand, critics also describe temporary agency work as “modern slavery ” and call for legislation that is more friendly to agency workers. A meaningful classification of the critics into entrepreneurs, personnel service providers and precariously employed groups still seems to be missing, and thus a more employee-friendly, social insurance policy and demographically more compatible temporary employment agency than the current one has moved a long way off.

literature

Web links

Individual evidence

  1. ↑ The extension took place through the First Act to Change the Temporary Employment Act - Prevention of Abuse of Temporary Employment
  2. ↑ BaubetrV 1980 in full
  3. ↑ Federal Court of Justice , judgment of February 17, 2000 - III ZR 78/99 -
  4. ↑ a complete list of the excluded work can be found in § 2 BaubetrV
  5. ^ Federal government (Cabinet Brandt I): Bundestag printed paper VI / 230. (PDF) German Bundestag, June 15, 1971, accessed April 1, 2017 .
  6. ↑ a b c d AÜG reform: What is the AÜG reform? . prosoft EDV-Solutions GmbH & Co. KG. Archived from the original on November 8, 2019. Retrieved November 8, 2019.
  7. ↑ Decision of December 29, 2004 - 1 BvR 2283/03. Federal Constitutional Court, December 29, 2004, accessed May 31, 2016 .
  8. ^ Changes to the AÜG on December 1, 2011
  9. ↑ Changes to the AÜG on July 30, 2011
  10. ↑ Denny Hölscher: AÜG reform: What borrowers should know . prosoft EDV-Solutions GmbH & Co. KG. July 3, 2019. Archived from the original on November 8, 2019. Retrieved November 8, 2019.
  11. ^ Changes to the AÜG on April 1, 2017
  12. ↑ Dr. Oliver Hahn: What will happen to the temporary work? Changed legal consequences: AÜG reform in DATEV magazine issue 06/2017 . In: DATEV magazine . Archived from the original on March 19, 2019. Retrieved November 8, 2019. 
  13. ^ Nadja Klinger: Temporary work: The disposable man . In: Der Tagesspiegel , Der Tagesspiegel, May 5, 2011. Archived from the original on March 7, 2016. Retrieved November 8, 2019.