ARTICLE · 24 JANUARY 2017

Expected Labour Law Changes in Germany

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Temporary agency workers may only be employed by the same hirer for 18 consecutive months. After that further employment is only possible after a 3 month gap.

GermanyEmployment and HR

Agency Workers

Reform of agency workers rules: (1) Temporary agency workers may only be employed by the same hirer for 18 consecutive months. After that further employment is only possible after a 3 month gap. However the 18 month limit can be amended by a collective bargaining agreement.
(2) After no more than 9 months working, temporary agency workers must receive pay equal to the main work force. However, a CBA can extend this to a maximum of 15 months.
(3) After 6 months working temporary agency workers are counted towards determining the right to a works council. It is then also mandatory to disclose any agency employees.

Effective from April 1, 2017

Action required: None yet as it will take a while until first application of the new regulations (April 2017 plus at least 9 months in case of the equal pay).

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