Temporary Employment Act (AÜG) - content, special features

Overview of the Temporary Employment Act

The Temporary Employment Act (AÜG) regulates the conditions under which employees can be leased from one company (lender) to another (borrower). Originally, the Law 1972 was introduced to ensure the protection of temporary workers. As a result Clear regulations for the practice of employee leasing. Over the years, the AÜG reformed several timesto meet the changing meet the requirements of the labour market.

Content of the AÜG

Definition and basic provisions

The German Temporary Employment Act defines the Employee leasing than the Temporary transfer of employees by a lender to a hirer. The lender remains the employer, while the hirer exercises the right to issue instructions to the temporary workers. Important components of the AÜG are regulations on Maximum transfer periodon the obligations of the parties involved and on the protection of temporary workers.

Who is affected?

The AÜG affects three main shareholders involved:

Employees: Persons who work in the context of temporary employment.
Lender: Companies that provide employees.
Borrower: Companies that take on employees from a temporary employment agency.

Regulations on the maximum transfer period

A key provision of the AÜG is the Maximum transfer period. Since 2017, employees have been allowed to work for a maximum of 18 months to the same hirer. After this period has expired, the employee must either be permanently employed by the hirer or to another hirer.

Equal pay and equal treatment principle

The AÜG stipulates that temporary workers are entitled to the following after nine months at the latest equal pay (Equal Pay) and Equal working conditions (equal treatment) as comparable permanent employees of the hirer. This is intended to ensure that temporary workers are not permanently worse off. Learn more >>>

Special features of the AÜG

1. differentiation from work and service contract labour

An important point in the AÜG is the Clear demarcation from Work and service contract labour. While the hirer remains the employer in the case of temporary employment, the contractor is self-employed in the case of a contract for work and labour. The contractor then owes the client a specific work or service.

2 Role and duties of the Federal Employment Agency

The Federal Employment Agency plays a central role in the implementation of the AÜG. It issues the licences for the supply of temporary workers and monitors the Compliance with legal requirements. Companies wishing to provide temporary workers must apply for a corresponding licence from the Federal Agency.

3. requirements for the licence for temporary employment

To obtain a licence to Employee leasing companies must fulfil certain requirements. These include, among others, the reliability of the company, its economic performance and the Compliance with labour law regulations. The licence is generally limited to limited to one year and can be extended if all regulations are complied with. Learn more >>>

4. special protective provisions for temporary workers

The AÜG Contains special Protection regulations for temporary workers. This includes the right to equal Payment and equal working conditions, the Protection against discrimination and the guarantee of safety and Health protection in the workplace. These regulations are intended to ensure that temporary workers are not placed in a worse position than the permanent workforce.

Current developments and reforms

The AÜG is a recurring theme political and social discussions. Critics criticise the fact that the regulations do not go far enough and that there are still Loopholes for companies who exploit temporary workers. Supporters, on the other hand, emphasise that the AÜG provides important protection mechanisms for temporary workers and contributes to the flexibility of the labour market.

Advantages of temporary work

Flexibility for companies: Companies can react flexibly to order processing and seasonal fluctuations.
Opportunities for employees: Temporary workers have the opportunity to gain experience in various companies and sectors.
Placement in permanent positions: Temporary employment often leads to permanent employment with the hirer.

Disadvantages of temporary work

Uncertainty for employees: Temporary workers often have no long-term job security.
Different working conditions: Despite equal pay and equal treatment, there may be differences in treatment between temporary workers and permanent employees.
Bureaucratic effort: Companies must comply with numerous legal provisions and have them audited regularly.

Conclusion

The Temporary Employment Act is an important instrument for regulating the supply of temporary workers in Germany. It offers Protection mechanisms for temporary workers and creates Clear regulations for companies. Despite some points of criticism, the AÜG contributes to the flexibility and stability of the labour market and offers both opportunities and challenges for everyone involved. Temporary workers benefit from better working conditionswhile companies can react flexibly to changes in the market.

How Temporary Work International can help

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