The German government's plan to strengthen the rights of
temporary workers could have far-reaching
implications for companies that have any workers based in the
country. The Federal Ministry for Labour and Social Affairs (the
Ministry) has promulgated a bill, dated 16 November 2015 (the
Bill), which creates significant potential strains and limitations
on companies – both those that supply workers (Lessors) and
those that receive and use them (Lessees).
The Ministry has forwarded the Bill, which will amend the
Temporary Employment Act and other laws, to the interdepartmental
coordination of the ministries. The Bill is expected to become law
and be effective in January 2017.
The key aspects of the Bill are: the introduction of a maximum
supply period of 18 months; the right of temporary workers to claim
equal pay after nine months of work; and new differentiation
criteria between work and service contracts, on the one hand, and
employment contracts on the other
