In a long-awaited decree rendered on December 10, the Federal Labor Court (BAG) gave satisfaction to an employer who refused to recruit a temporary worker assigned to the company for several years. The Erfurt judges reminded that, even though the use of agency workers had to be “temporary,” the law doesn’t provide for any sanctions if the temporary nature of an assignment isn’t respected. The BAG says the lawmaker is in charge of defining the maximum duration of an assignment and determining appropriate sanctions. Disappointed in the ruling, unions asked the Grand Coalition to implement the provisions of the coalition contract as soon as possible, as they limit to 18 months the duration of a temporary assignment, “to put an end to the inacceptable situation in the temporary industry.” (Ref. 130791)
No sanctions provided for by law. When is an agency worker’s assignment no longer considered as “temporary?” And which sanctions (employment contract?) should be taken against the permanent use of agency workers? On December 10, all eyes were on the Federal Labor Court, whose ruling was expected like a true oracle. However, in the end, the judges refused to decide and sent the ball back to the lawmaker’s court. In a decree in employers’ favor (AZ. 9 AZR 51/13), the Court ruled that an empl
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