Use of temporary workers from Eastern Europe: Legal framework in Germany
In recent years, temporary employment has experienced an upswing in Germany. Especially in the manufacturing industry, medical industry, 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 temporary employment in which a third party inevitably has to act as an intermediary for the employees. In this form of employment, there is a company that is looking for temporary workers. An employment agency that lends its employees to the company that is looking for temporary workers. And employees who work for the company and receive a salary from the employer, which in this case is the employment agency. At the same time, employment agencies reserve the right to loan out their employees to different companies over time.
The temporary work is done through this temporary Employment Act regulated.
Legal framework for temporary workers from Eastern Europe
German legislation takes into account the need for protection of these employees. Commercial temporary work was initially banned. But then there was a change in the law on temporary employment. With this change, temporary work was no longer prohibited, but instead regulated in a socially acceptable manner. It offered protection to temporary workers.
The temporary employment act aims to prevent the exploitation of temporary workers from Eastern Europe. It is comprehensively based on European Union law.
Core elements of temporary employment law:
- The temporary employment Act (AÜG) stipulates a maximum period of 18 months before. The limit applies to both sides. Neither the agency may keep the employee in the same company for longer than 18 months. The company is also not allowed to let the employee work for longer than 18 months. And the position can be filled permanently with various temporary workers.
- The AÜG provides for the possibility of collective agreements. This gives the parties the freedom to conclude a collective agreement. However, you must ensure that the transfer is only temporary. If borrowers are not bound by collective agreements, they are covered by one Service or employment contract completed.
- The personnel leasing act promotes and regulates this principle of equality. Temporary workers must experience the same conditions and treatment as permanent employees. The company is obliged to ensure this. And the employment agency is obliged to pay the same wages for the same position.
- As part of a collective agreement however, concessions are possible. But even with such a collective agreement, the temporary worker's wages may not fall below the minimum wage set by the state.
- Companies are obliged to clearly communicate all working conditions and obligations to employees. Compliance with health and safety standards is also required by law. And it is crucial for a healthy working environment for temporary workers from Eastern Europe.
- The temporary employment agency must be licensed to hire temporary workers from Eastern Europe. And when the license expires or is renewed, she is obliged to inform the company.
Compliance with the legal framework is of particular importance. Failure to comply with the Personal Leasing Act can have serious consequences. These include 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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