Press release: Federal Labor Court, October 16, 2019 –
4 AZR 66/18
Employers leasing out temporary agency workers to a third party
may only deviate from the principle of equality (equal pay) by
virtue of an agreement in the employment contract if the relevant
collective agreement for the hire of temporary workers is fully and
not only partially applicable for the hiring period on basis of
this reference.
Facts of the case
The complaint was brought by a temporary worker against his
employer, a temporary employment agency, which had hired him as a
driver and leased him out to third parties. The employment contract
contained a dynamic reference clause to the collective agreements
on temporary work concluded between the German Trade Union
Federation's Collective Bargaining Department and the German
Association of Temporary Employment Agencies. In addition, the
employment contract contains deviations from the collective
bargaining provisions which do not exclusively
