عقود

1. What are the rights of temporary agency workers in Germany?
Temporary agency workers in Germany are granted the same working conditions as regular employees after a certain period. They must receive equivalent pay and have equal access to facilities like food or transport as permanent staff. Employers in Germany cannot offer worse conditions just because the employee is hired temporarily.

2. What legal protections apply to temporary agency workers under the Act on Temporary Agency Work in Germany?
The Act on Temporary Agency Work (AÜG) in Germany ensures that temporary workers enjoy the same employment protection as permanent employees. The law mandates equal pay for equal work and requires that temporary contracts not be used as a means to avoid permanent employment responsibilities. Temporary workers in Germany also have rights to occupational safety and benefits under the law.

3. How long can temporary agency workers be employed under a fixed-term contract in Germany?
Under German law, temporary agency workers in Germany can be employed for up to 18 months on a fixed-term basis. After this period, their employment must either be made permanent or the contract must be terminated. This regulation in Germany is designed to prevent abuse of temporary employment.

4. Can temporary agency workers in Germany be hired for the same tasks as permanent employees?
Yes, temporary agency workers in Germany can perform the same tasks as permanent employees, provided the work is temporary in nature. The temporary nature of their role must be specified in the contract. German law mandates equal treatment in terms of pay and working conditions for the same tasks.

5. Are there any restrictions on how temporary agency workers are hired in Germany?
Yes, temporary agency workers in Germany cannot be employed in the same position for more than 18 months. The hiring agency must follow specific rules, including offering workers the same benefits as permanent employees after the initial period. Agencies in Germany must also be licensed to operate under the Act on Temporary Agency Work.

6. What is the role of the employer when hiring temporary agency workers in Germany?
Employers in Germany who hire temporary agency workers must ensure that the terms and conditions of the contract meet the legal standards of the Act on Temporary Agency Work. This includes ensuring equal pay for equal work, offering the same social benefits, and adhering to working time regulations. Employers in Germany are also required to notify the agency if the worker’s performance is inadequate.

7. How does the equal treatment principle affect temporary agency workers in Germany?
In Germany, the equal treatment principle requires that temporary agency workers receive the same working conditions as permanent employees once employed for a certain period. This includes similar pay rates, vacation days, and access to training and health benefits. Employers in Germany must not discriminate against temporary workers based on their employment status.

8. Can temporary agency workers in Germany be treated differently than permanent employees in terms of benefits?
No, under the equal treatment principle in Germany, temporary agency workers must receive the same benefits as permanent employees if they are working in the same position. This includes sick pay, holiday entitlements, and job security. Employers in Germany must ensure that temporary workers enjoy the same access to benefits and services as permanent staff.

9. What obligations do agencies have when hiring temporary workers in Germany?
Agencies in Germany hiring temporary workers are obligated to ensure equal pay, comply with temporary employment regulations, and provide workers with the necessary training and equipment to perform their tasks. They must also register with the relevant authorities and ensure the rights of temporary workers are upheld throughout the employment period.

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