Dispute Regarding Temporary Workers In Permanent Employment Positions

Besides the previously presented decisions of the Federal Labour Court, temporary employment has also occupied the courts of lower instance. The Regional Labour Court [Landesarbeitsgericht, LAG] of Berlin-Brandenburg had to deal with the question of when the deployment of temporary workers can be classed as "provisional". Section 1 of the German Temporary Employment Act [Arbeitnehmerüberlassungsgesetz, AÜG] in the version applicable as of 1 December 2011 states namely: "Employees are provided to the hiring enterprise on a provisional basis". The law does not regulate in greater detail when one can assume "provisional" deployment and which legal consequences arise in the case of temporary work that is not only of a provisional nature, in particular, whether an employment relationship with the hiring enterprise is established in this case. Supreme Court clarification of these questions is still outstanding. The Regional Labour Court of Berlin-Brandenburg has now caused a