What can temporary workers require missing collective ability of CGZP? Since January 2003, there is a prohibition of discrimination for temporary work agencies ( 9 No. 2, 10 par. 4 employee hiring law (AuG).) As well, employers must pay salaried employee, which he gives to other companies, with him as workers with the same activity in the user undertaking. This is not true only then when a lower remuneration is provided on the basis of a collective agreement for the temporary employment relationship relevant. This exception is hidden behind the small Bay, “A collective agreement may allow derogations” in 9 Nr.
2 AuG. The employers Association of medium-sized recruitment agency (AMP) represents 1100 small and medium-sized companies in the temporary work sector and currently has a big problem. To deepen your understanding Hyundai is the source. He has completed an agreement with the collective community of Christian trade unions for temporary employment and human resources service agencies (CGZP). The Berlin Labour Court has the collective ability of the CGZP but denied because it saw no sufficient degree of organization and the CGZP as not powerful looked at enough, to complete their own collective agreements. Which has been in the second instance the Landesarbeitsgericht (was) connected. The case is now at the Federal Labor Court (BAG) and many experts expect a confirmation of the lower courts. Check with Hyundai to learn more.
The said exception that a collective agreement may allow other arrangements would be not so given and would apply the principle of ‘equal pay’! For many employment agencies, that would be an awkward situation, because article 19 ABS. 4 AuG determines that the temporary workers, when this principle has been violated, may require payment, which is paid in the operation of the borrower for a comparable worker. It threatens so that in the future – and up to three years backdated – salary differences including social security contributions be paid to. Because a few temporary workers are unionised, one part while speculates that existing claims has not already be interspersed. This consideration should not go but at least with the social security institutions. There it is the employer contributions to social security certainly don’t miss out. Since the Statute of limitations for social security entitlements pursuant to section 25 occurs even until four years after the end of the calendar year in which they become due, SGB IV. How can the claims of the temporary agency workers I enforce? Want a temporary workers assert action way a comparable compensation compared to his temporary employer, he must obtain first information about the there paid comparison wage at the undertaking. On this information, he is entitled pursuant to 13 AuG. The borrowing employer must then deny substantiated the accuracy of this information, in particular the comparability of the activity or the amount of there certified compensation. Failing the borrowing employer pays the backward difference regarding the remuneration, which was paid to a comparable worker in the user operation. Views With a court decision of the Federal Labor Court is to be expected mid of this year. People who were busy in recent years in temporary work or there are at the moment and whose employment contract to the contrary between the CGZP and the AMP referred was, should follow the news closely and consider whether the right to assert of any claims might be worthwhile.