Temporary work in practice

Current legal framework conditions in temporary employment and for contracts for work and services

The legal requirements in temporary employment law and their consequences

• Temporary employment only "temporary" - the statutory maximum duration of temporary employment; information on current case law and legal requirements.
• Project work and temporary employment.
• Rights for temporary workers, obligations for hirers.
• Equal pay, from the first day, after nine or 15 months? - Consequences of violations and liability issues.

Safe differentiation from other forms of (external) personnel deployment

• "Escape to the contract for work" as a design alternative? Beware of "sham contracts for work".
• Freelance Employees, service contract, subcontractor contract.

Avoid liability risks: What you as the hirer must pay attention to

• Avoid hidden employee leasing.
• No permanent, i.e. not just "temporary" temporary employment.
• Do you have a valid permit from the lender?
• Prohibition of onward, intermediate and chain rental.
• Rights of the works council.
• Know/observe the BA guidelines ("Technical directives").

Secure contractual relationships between hirer and lender

• Ensure maximum permitted transfer period.
• Determination of the comparative remuneration.
• Form and content of the AÜG contract.
• Agency commission when taking on staff?
• Liability issues.
• Protection in the event of the lender's insolvency.

Legal relationship between hirer and temporary workers

• Beware of the creation of an employment relationship.
• Information and equal treatment obligations.
• Instruction rights of the hirer.
• Liability of temporary workers for damage caused by the hirer.
• Liability of the hirer.
• Observe occupational health and safety laws.

Claims and rights of temporary workers in the hirer company

• Rights of appeal.
• Participation in works meetings.
• Consultation hours with the works council, eligibility to vote in works council elections.

Legal relationships between the lender and temporary workers

• Requirements for the employment contract.
• Principles of equal treatment and equal pay.
• The importance of the principle of equal treatment and the AGG.
• Collective agreements in temporary work - the latest on the minimum wage.

Sectoral collective agreements, significance and effects

Rights and options of the works council

• The new legal regulations.
• Before employing temporary workers?
• Rights to inspect contracts?
• For overtime/overtime?
• When taking on temporary workers?
• Consequence of violations of co-determination rights.

Consequences of unauthorized employee leasing (labor, tax, social security and criminal law)