GRP Rainer LLP

Profitable Rulings for Temporary Workers

The German Federal Labour Court (BAG) has decided that temporary workers could potentially receive more pay.


Cologne, NRW -- (SBWIRE) -- 05/09/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London explain: In today’s world, temporary workers play a role of paramount importance. This is mainly attributed to the fact that companies can thereby reduce their own cost risks and operate in a more flexible manner. However, employers have to take into consideration that temporary workers can be entitled to the same wage as permanent employees.

In several rulings pronounced on 13 March 2013 (Az. 5 AZR 954/11) the BAG has decided that temporary workers might potentially be entitled to a higher wage for their work. Although they were employed by the same employer’s association and were doing exactly the same work, the temporary workers concerned by the rulings received fewer wages than the permanent employees. Some of them did not even receive half of the amount of money paid to the permanent employees. Therefore they successfully claimed for a supplementary compensation to their wage.

The BAG ruled that the temporary workers are entitled to the same wage as the permanent employees. In its decision, the BAG referred to the German Law on Labour Leasing (Arbeitnehmerüberlassungsgesetz (AÜG)). Though, the temporary workers have to observe predetermined deadlines when asserting their rights.

This can be seen as a chance for other temporary workers suffering from similar working conditions. However, experts give cause for serious concern because the rights of numerous temporary workers might prescribe.

With respect to all legal questions concerning the conclusion of the agreement, written warning or dismissal, the employees concerned should seek out a lawyer versed in labour law. He can assert their interests in individual and collective labour law both extra judicially and in court. The same has to be recommended for employers, e.g. employing temporary workers. Legal aspects always have to be taken into consideration. In the field of labour law, one must anticipate tight deadlines. A lawyer can help ensure that rights do not lapse.

About GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

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