Use of temporary workers from Eastern Europe: Legal framework in Germany 

In recent years, temporary employment has experienced significant growth in Germany, especially in the manufacturing industry, medical sector, logistics, and transport. Temporary workers from Eastern Europe have become an integral part of the German labor market.

What does temporary work actually mean?

Temporary work is a form of employment in which a third party acts as an intermediary for the employee. In this arrangement, there is a company seeking temporary workers, an employment agency that provides those workers, and employees who perform work for the company but are paid by the agency, which is their formal employer. At the same time, employment agencies reserve the right to assign their employees to different companies over time.

Temporary work is regulated through the temporary Employment Act .

What is the legal framework for temporary workers from Eastern Europe?

German legislation takes into account the need to protect these employees. For example, commercial temporary work was initially prohibited. However, the law on temporary employment was later amended. With this amendment, temporary work was no longer banned but instead regulated in a socially acceptable manner. It now offers protection to temporary workers.

The Temporary Employment Act aims to prevent the exploitation of temporary workers from Eastern Europe. It is firmly rooted in European Union law.

What are the core elements of temporary employment law?

1. The Temporary Employment Act (AÜG) stipulates a maximum period of 18 months. This limit applies to both sides: the agency may not assign the employee to the same company for longer than 18 months, and the company is also not allowed to employ the same temporary worker beyond that period. However, the position itself can be filled permanently with different temporary workers.
2. The AÜG provides for the possibility of collective agreements. The AÜG provides for the possibility of collective agreements, giving the parties the freedom to conclude such agreements. They must ensure that the assignment remains temporary. If hirers are not bound by collective agreements, they are protected through a service or employment contract that is concluded instead.
3. The Personnel Leasing Act promotes and regulates the principle of equality. Temporary workers must receive the same conditions and treatment as permanent employees. The company is obliged to ensure this, and the employment agency is required to pay the same wage for the same work.
4. As part of a collective agreement, however, concessions are possible. Nevertheless, even under such an agreement, a temporary worker's wages may not fall below the minimum wage set by the state.
5. Companies are obliged to clearly communicate all working conditions and obligations to employees. Compliance with health and safety standards is required by law. These standards are crucial for ensuring a healthy working environment for temporary workers from Eastern Europe.
6. The temporary employment agency must be licensed to hire temporary workers from Eastern Europe . If the license expires or is renewed, the agency is obliged to inform the company.

Compliance with the legal framework is of particular importance. Failure to comply with the Personnel Leasing Act can have serious consequences, including fines and a ban on employing temporary workers in the future.

Companies must be aware of the importance of these regulations if they want to ensure a successful and fair working environment.

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