Legal regulations on the rights of temporary workers in Germany

Temporary work offers both challenges and opportunities. In order to use this form of employment successfully, it is crucial that temporary workers know and demand their rights and obligations. The legal regulations in Germany, in particular the Temporary Employment Act, offer comprehensive protection for temporary workers and ensure that they are treated fairly. At the same time, temporary workers must take their obligations seriously and perform their work conscientiously.

What are the legal bases for temporary employment?

The legal framework for temporary work in Germany is laid down in the Temporary Employment Act (AÜG). This law regulates the rights and obligations of all parties involved and ensures that temporary workers are treated fairly.

Temporary work, also known as agency work, is a form of employment in which an employee (temporary worker) is hired by a temporary employment agency (lender) and loaned to another company (borrower) for a specific period of time. Legally speaking, the temporary worker is employed by the temporary employment agency while performing his or her work for the borrower.

One of the key rights of temporary workers is the right to equal treatment. This means that temporary workers must fundamentally receive the same working conditions and the same pay as comparable permanent employees of the hiring company.

Equal Pay

The principle of “Equal Pay” states that temporary workers must receive the same pay as permanent staff after nine months of uninterrupted employment with the same employer. However, collective agreements may provide for deviations and longer periods.

Temporary workers have the same rights regarding working hours and breaks as regular employees. This means that the legal provisions of the Working Hours Act (ArbZG) also apply to temporary workers. Daily working hours may not normally exceed 8 hours. They can be extended to up to 10 hours if compensation is made within six calendar months or 24 weeks. After six hours of work, a break of at least 30 minutes must be taken. If the working hours exceed nine hours, a 45-minute break is required. An uninterrupted rest period of at least 11 hours must be observed between two work shifts.
Temporary workers are entitled to paid vacation in accordance with the provisions of the Federal Vacation Act (BUrlG). The statutory minimum vacation is 24 working days for a six-day week, which translates to at least 20 vacation days for a five-day week.
Temporary workers enjoy the same protection against dismissal as regular employees. This means that the provisions of the Dismissal Protection Act (KSchG) also apply to them, provided the temporary employment relationship lasts longer than six months and the temporary employment agency regularly employs more than ten employees. The statutory notice periods depend on the length of service and are set out in Section 622 of the German Civil Code (BGB).

What we offer you when we provide you with temporary workers

With us, you benefit from the fact that we specialize in staff in Eastern Europe. Due to our proximity, staff is available quickly and easily. You can usually welcome new employees within a week.

Our employees all speak German, so there are no problems with communication. They are very familiar with German company practices and etiquette.

All permits and papers are up to date, so you don't have to go to any authorities with your new staff.