On July 10, the Federal Labor Court (BAG) issued a decree giving satisfaction to the WC of a company that had refused to give its consent to the recruitment of a temporary worker without a time limit. The Germany Temporary Work Act states that agency workers are recruited on a “temporary” basis, so the judges considered it was an abuse. Richly commented, this ruling comes in the middle of the election campaign, where the problem of growing precarious employment and low wages – and the way to solve it – is the central clashing issue between the parties. Employers criticize this “bad decision” but unions are happy as this ruling strengthens WCs’ vetoing right on the recruitment of agency workers. The IG Metall announced an offensive in businesses. We’ll now see what temporary means – the judges haven’t specified. (Ref. 130480)
No more unlimited interim. The trade unions literally acclaimed the ruling rendered on July 10 (case number 7ABR 91/11). Whereas issues of minimum wage, temporary work, service contracts and wage dumping are at the center of the election campaign – and of the debate between the social partners – this ruling from the Federal Labor Court radically improves unions and WCs’ position on the appeal to temporary workers. Judges at the Erfurt court judged, in their final ruling, the case of a Works
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