Temporary employment Protection against dismissal
Temporary labour- also known as contract-based employment—follows the same termination regulations as a standard employment contract. However, a collective agreement may override these legal regulations. In temporary work, this often affects notice periods, which can be a key issue.
Does the Dismissal Protection Act also apply to temporary workers?
In principle, it can be said that a temporary employment relationship is subject to the same regulations as a normal employment relationship. However, this principle only applies if you have been employed there for 6 months or longer and if the temporary employment agency has more than 10 employees.
It is important to know that a company that employs a temporary worker cannot terminate the employment relationship. This can only be done by the temporary worker or the temporary employment agency.
If a temporary employment agency wishes to terminate an employment contract for operational reasons, it must provide evidence that there are no permanent employment opportunities for temporary workers. It is not sufficient if only a single customer is lost.
The notice periods here are similar to those for a permanent employment contract. It is important to know that the first 6 months are regarded as a probationary period. During this period, the notice period is 4 weeks.
It is important to note that for employment lasting less than 4 weeks, the notice period is just 2 days for both the employee and the temporary staffing agency.
Between the fifth working week and the end of the second month, the notice period is one week. From the third to the sixth month, the notice period extends to two weeks.
If you have been employed by a temporary staffing agency for 7 months, your probationary period ends, and the legal notice periods take effect. In this case, either you or your employer must provide three months' notice, unless a collective agreement states otherwise.
It is important to know that many temporary employment agencies adhere to the legally mandated collective labor agreement. It provides guidance on the legal requirements. However, this is not mandatory, so it is important to check in advance whether general legal requirements or a specific collective agreement applies.
The iGZ general agreement stipulates that you are employed on a probationary basis for the first 6 months of an employment relationship. The deadlines that we have already explained above with regard to the probationary period apply here. Thereafter, the iGZ refers to the legal notice periods.
The BZA applies the legal notice periods. It is important to note that termination must always be given in writing. The legal provisions for termination without notice remain unaffected. Additionally, the employer may release an employee from work until the end of the employment relationship, provided that the salary continues to be paid. Furthermore, the BZA allows temporary employment contracts to be limited to a maximum duration of two years without requiring an objective reason. This deviates from the standard legal regulations.