Temporary workers from Eastern Europe

The Personnel Leasing Eastern Europe is subject to both the national laws of the sending country and the regulations of the country of assignment. Particularly important: The EU Directive on the posting of workers stipulates that posted employees must enjoy the same rights as domestic employees - for example with regard to Minimum wageworking hours and safety standards. Compliance with the reporting obligations and the provision of A1 certificatesthat clarify the social insurance.

To be on the safe side, you need a number of documents - this checklist makes it easier:

• A1 certificateProof that social security contributions are paid in the home country.
• Employment contractMust clearly regulate the conditions.
• Temporary employment licence: nothing works without it. An employee who is hired out by an employer to a third party in return for payment. Usually for a limited period of time.
• Notification of secondment: Compulsory in many countries!
• Proof of qualificationIf required to demonstrate standards.

Check the requirements of the destination country early on so that you don't break into a sweat halfway through your journey.

The lender is properly responsible! Here are the highlights:

• Ensuring fair working conditions: No compromises with Wages, working hours and holidays.
• Documentation obligation: From the A1 certificate to deployment plans - everything has to be right.
• Liability for offencesIf something goes wrong, the lender bears the consequences.
• Observe reporting obligations: The country of assignment always wants to know - so register in good time!

In short: the lender should be well organised and act in accordance with the law, otherwise it will be expensive.

The EU Directive on the posting of workers is the guideline for equal conditions. It guarantees that employees from Eastern Europe in the country of assignment enjoy the same Working conditions as the employees there. In concrete terms, this means Minimum wages, holiday regulations and health and safety measures apply across all countries - fair play! Employers and lenders should therefore ensure that all requirements of the directive are met in order to avoid any nasty surprises.

Temporary workers have some differences in their rights and benefits compared to permanent workers. Here are the most important aspects:

1. Employment contract and type of employment: while permanent employees have a direct employment contract with the company, temporary workers work through a contract with the temporary employment agency, which hires them out to other companies.

2. Job security: permanent employees usually have a more stable job because their employment is usually long-term and permanent. Temporary workers, on the other hand, are dependent on the orders and needs of the hiring company, which can lead to less job security.

3. Compensation: temporary workers can typically receive a higher hourly rate than permanent colleagues because their position is considered temporary and flexible. However, they often have fewer or no additional benefits such as vacation and Christmas bonuses or company pension plans.

4. Working time regulations: working time regulations can vary depending on the company and industry. In some cases, temporary workers may have more flexible work schedules, while permanent employees may be tied to set working hours.

5. Social benefits: permanent employees are generally entitled to social benefits such as health insurance, pension insurance and unemployment insurance, which are co-financed by the employer. Temporary workers are often insured by the temporary employment agency and may have less comprehensive benefits.

• Principle of equal treatment: in principle, temporary workers must be treated the same as permanent employees. This means they are entitled to equal pay, equal working conditions and equal social benefits.
• Maximum rental period: the use of temporary workers at a hiring company is limited to a certain period of time. Since April 1, 2017, the maximum temporary employment period has been 18 months, unless there is a collective agreement that allows deviations.
• Equal pay: after a certain period of employment, temporary workers are entitled to the same pay as comparable permanent employees of the hiring company. This is called equal pay.
• Co-determination: temporary workers have the right to representation on works and staff councils if they have worked for the hiring company for longer than three months. You take part in works council elections and other co-determination rights.
• Protection against dismissal: temporary workers enjoy protection against dismissal, which is similar to the protection against dismissal of permanent employees. This means that they can only be terminated for justified reasons.
• Health and safety protection: temporary workers have the right to the same health and safety protections as permanent employees. The borrowing company is responsible for ensuring that all relevant regulations and standards are adhered to.

When the Rules on temporary employment are broken, this quickly leads to consequences:

• High finesCountries like Germany don't take a joke here.
• Work stops: Authorities can end the operation abruptly.
• Damage to reputationLoss of trust among business partners is inevitable.
• Back paymentsMissing wages or social security contributions have to be paid - and that hurts.

Therefore: work cleanly and Legal offences to avoid stress and costs!