BAG Rules on Temporary Workers - Germany
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The Federal Labor Court (BAG) appears to have decided in several cases that temporary workers might potentially be entitled to a higher wage for their work.
This emerged from several rulings pronounced by the BAG on 13 March 2013 (Az. 5 AZR 954/11). In the cases before the BAG, several temporary workers sued for supplementary compensation to their wage. The temporary workers concerned were paid by one and the same employers’ association. A few of them received a wage for their work during their employment which only amounted to just under half of what the permanent employees received for the same work.
The BAG then decided that the temporary workers are entitled to the same wage as the permanent employees. However, it is necessary for the temporary workers to assert the rights before predetermined deadlines. In its decision, the BAG referred to the German Law on Labor Leasing (Arbeitnehmerüberlassungsgesetz (AÜG)). According to this, workers for whom there is no valid wage agreement ought to be entitled to the same working conditions and equivalent pay to that of permanent employees.
Experts are sceptical as to whether numerous temporary workers are able to assert rights from previous years. In particular, the fact that the rights can prescribe may be problematic here.
With respect to all legal questions concerning the conclusion of the agreement, written warning or dismissal, the employees concerned should seek out a lawyer versed in labour law. He can assert their interests in individual and collective labour law both extrajudicially and in court.
One must anticipate tight deadlines in the field of labour law. In the event of dismissal, one should promptly seek legal advice from a lawyer. The limitation period for filing an action only gives the employee three weeks after receipt of the dismissal in writing to appeal the dismissal with an action for wrongful dismissal. He who wants to enforce contractual entitlements must keep in mind the cut-off period in the employment agreement and wage agreement. A lawyer can help ensure that rights do not lapse.
ABOUT THE AUTHOR: GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The BAG then decided that the temporary workers are entitled to the same wage as the permanent employees. However, it is necessary for the temporary workers to assert the rights before predetermined deadlines. In its decision, the BAG referred to the German Law on Labor Leasing (Arbeitnehmerüberlassungsgesetz (AÜG)). According to this, workers for whom there is no valid wage agreement ought to be entitled to the same working conditions and equivalent pay to that of permanent employees.
Experts are sceptical as to whether numerous temporary workers are able to assert rights from previous years. In particular, the fact that the rights can prescribe may be problematic here.
With respect to all legal questions concerning the conclusion of the agreement, written warning or dismissal, the employees concerned should seek out a lawyer versed in labour law. He can assert their interests in individual and collective labour law both extrajudicially and in court.
One must anticipate tight deadlines in the field of labour law. In the event of dismissal, one should promptly seek legal advice from a lawyer. The limitation period for filing an action only gives the employee three weeks after receipt of the dismissal in writing to appeal the dismissal with an action for wrongful dismissal. He who wants to enforce contractual entitlements must keep in mind the cut-off period in the employment agreement and wage agreement. A lawyer can help ensure that rights do not lapse.
ABOUT THE AUTHOR: GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
Copyright GRP Rainer LLP
More information about GRP Rainer LLP
View all articles published by GRP Rainer LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
