16 May 2024

Temporary employment contract - content and meaning

An employee leasing agreement is an agreement under which an employer assigns an employee to another employer for a certain period of time.

What is an employee leasing agreement? This article explains the content and significance of the employee leasing agreement, particularly in the context of the construction industry.

General content of the employee leasing agreement

An employee leasing agreement is comprehensive. It generally contains the following points:

Duration of the transfer.
Description of the tasks and responsibilities of the leased employee.
Remuneration.
Social security contributions.
Regulations on occupational health and safety in the workplace.

These points must be adhered to in order for the contract to comply with the guidelines.

Special features in the construction industry

In Germany, the supply of temporary workers is Construction generally prohibited. Here are a few points:

This prohibition is intended to prevent employees exploited or worse paid become.
However, there are Exceptionsfor example, for temporary assignments, assignments as part of training or further education programmes or assignments in certain emergency situations.

This prohibition should be observed and adhered to so that no legal steps against the parties involved.

Why is temporary employment prohibited in the construction industry? What are the exceptions?

The ban on hiring out workers in the construction industry is intended to protect workers from exploitation and poor working conditions. The following should be noted:

The construction industry is regarded as risky and Dangerouswhich is why the government wants to maintain control over labour conditions.
The ban prevents employers from recruiting cheap labour. without adequate protection and security.

However, there are Exceptions for certain cases:

Assignments for short periods (maximum three months).
Assignments as part of training or further education programmes.
Transfer in emergency situations, e.g. in the event of operational disruptions or accidents.

It is always a good idea to find out what exceptions currently exist, as these can have a huge impact on the employee leasing agreement.

Significance of the employee leasing agreement

The employee leasing agreement is important as it defines the Rights and obligations of the parties involved. A few points should be noted here:

It protects the interests of the leased employee by clearly defining the conditions of the lease.
It secures the rights of the original employer, who has hired out its employees for a certain period of time.
It protects the employer who employs the leased employee by determining the conditions of work and remuneration.

Therefore the Temporary employment contract as a binding basis for a fair and transparent Cooperation between all parties involved.

Developments in temporary employment and their influence on temporary staffing

One Study from Compleet from the year 2022 shows the most important developments in temporary employment and their potential Effects on Temporary employment agency.

Digitalisation and automation are influencing the way we work and are leading to changes in the requirements for temporary employment contracts.
Developments in the temporary employment sector may have an impact on the conditions of temporary employment contracts, as the demand for qualified temporary workers continues to rise. Particularly in sectors such as the care, IT and the skilled trades.

In the context of the construction industry, where the provision of temporary workers in Germany generally prohibited is, these developments could lead to adjustments in the existing Exemptions to take account of the growing need for a flexible labour force and technological advances.

Conclusion

An employee leasing agreement is an important agreement that Rights and obligations of all parties involved in the temporary employment sector. There are special rules for the construction industry and it is important to keep abreast of current developments with regard to temporary employment.

Role of Temporary Work International in employee leasing contracts

Zeitarbeit International can assist companies in their search for qualified labour force and assist in the placement of temporary employment contracts.

We offer solutions that meet the needs and requirements of your company. As Experts in international temporary employment, we can help you Legal advice and compliance be of assistance. We can also help you find suitable employees from abroad and ensure compliance with legal regulations.
Zeitarbeit International is your partner for the Effective and compliant implementation of temporary employment contracts in the construction industry and other industries. With over 20 years of experience in Recruitment from Eastern Europe have we has the necessary experience and expertise to recruit labour from Eastern Europe in the field of industrial assembly, Machine relocation, metal construction, Steel construction, Logistics & Transport, Electrical engineering and Production found for your company. We connect German companies with companies in Eastern Europe.