Requirements and legal basis for temporary work abroad
International temporary employment ("Personal leasing “ or Temporary work) has become a strategic solution for companies on the German labor market Look for flexibility. This concept is regulated by German labor law. It has numerous benefits but also its own challenges and risks. This article will take a closer look at the meaning of international temporary employment and the legal requirements.
Temporary employment - definition
Employee leasing is the hiring out of temporary workers to a specific company by a temporary employment agency. The temporary employment agency and the customer company enter into an employment relationship through a temporary employment contract. An employment contract is concluded between the temporary employment agency and the employee. And the work tasks are carried out by the employee for the customer company.
The Temporary Employment Act (AÜG) regulates the conditions for this form of temporary work. With the aim of creating a fair working environment for both parties.
Legal framework for temporary work abroad
The legal framework for temporary work abroad varies depending on the country. The European Union has a directive on temporary employment that sets minimum standards for the rights of temporary workers. Member States have transposed this Directive into national law to ensure the protection of temporary workers.
Outside the European Union, different legal framework conditions apply. It is important to find out about the labor law regulations in the respective country before working as a temporary worker there. This applies in particular to working hours, wage and social security regulations and termination conditions.
International labour leasing - EU countries
The employer in the temporary employment agency is the temporary employment agency. It hires temporary workers to carry out work tasks for third parties. In order for the temporary employment agency to hire temporary workers, it must first obtain permission from the local employment agency. And it must meet the necessary legal requirements. The regional audit teams carry out audits to check whether the agency complies with all legal requirements.
According to the AÜG, there are temporary and permanent permits. The temporary permit is limited to one year. The permanent permit is obtained after 3 years of continuous activity. If the authorization has expired, the service provider must inform the recipient about this. In addition, the following regulations must be observed:
- It is necessary to make transparent contractual agreements between the agency, the employee and the customer. According to the legal framework for temporary employment, the duration of temporary work assignments is limited to a maximum of 18 months.
- Temporary workers must be treated equally to permanent employees. Equality includes the same pay and benefits for the same positions.
- According to the Temporary Employment Act, temporary workers may not be used to replace permanent employees.
- The social, health and pension insurance of temporary workers must be covered by the temporary employment agency.
Compliance with these regulations ensures legal conformity. And that is the key to all the benefits that this type of employment offers.
Advantages and disadvantages of employee leasing
Temporary employment has numerous advantages. However, it also has its disadvantages, which should be kept in mind.
Advantages of international employee leasing for employees
It is easier to start a career through temporary work. This is because the requirements for entry into temporary work are lower. This is therefore an opportunity for people who need work experience. It also makes it easier for employees with language barriers or lower qualifications to enter the labour market.
Temporary employment is also a good opportunity for anyone who wants to be retrained. Or if he doesn't have a specific industry he wants to focus on yet. It offers the opportunity to try out many different industries. And also to acquire new and different skills.
If you are employed by a temporary employment agency, you do not have to give up your previous job. This gives you a certain degree of security. You will continue to receive your salary and annual leave during and after the temporary employment relationship ends.
Disadvantages of international temporary work for employees
The biggest disadvantage for temporary workers abroad is that they do not have a permanent team or a permanent position. You have to constantly adapt to new projects and new tasks. If you are not a flexible person, this would be difficult for you.
You are constantly at risk of unemployment. You have no way of planning for the long term. After each completed project, you become unemployed. And you start all over again. This is not easy for every employee.
The bottom line
To maximise the benefits of temporary employment, you need to set clear objectives and be aware of the legal obligations. It is also particularly important to choose a reputable personnel service provider.
If you have specific questions about your situation, please do not hesitate to contact us. Optimise your employee leasing strategies with our expert support.
Are you looking for international labour?
We at Zeitarbeit International provide support in all matters relating to temporary employment abroad. With over 35 years of experience in temporary employment from the EU and Eastern Europe, we are the leading temporary employment agency in Germany with the necessary experience and expertise to Skilled workers from abroad and labourers from Poland, the Czech Republic, Slovakia, the Baltic States and Ukraine for your company. n. Take Contact and let our experienced specialists advise you.
