In Germany, temporary employment is strictly regulated. One limitation is that AUG-employees have to be offered equal employment conditions.
The German temporary employment law (AUG) sets strict regulations in regards to body leasing.
One of the limitations, that employees going on AUG-contracts must be provided with the same working and payment conditions as those employees who work directly for the client (a company they are being provided to).
However, up to a period of 9 months, the salary and working conditions can be linked to one of the German union contracts for temporary employment, so no comparison has to be done in these cases.
With a few specific union contracts the above period can be extended to 15 months. Once the periods mentioned in the union contracts have been exceeded or if no union contract is available, then the salary and the working conditions must be equal to those conditions, that are offered by the client to its own employees. To ensure the same working conditions can be installed, the client (receiver of the employees) is obliged to inform the body leasing provider on the internal working conditions.
Please do not hesitate to contact us should you need additional information or support with processing any body leasing (AUG) requirements for Germany.
Dwyer Legal Law Firm, Schwanthalerstr 13, Aufgang IV, 80336 Munich
Tel: +49 (0)89 24 88 14 310, www.dwyer-legal.com
Note: Information provided in this Knowledge Database is for orientation only and not binding