Temporary employment Protection against dismissal
The Temporary labour- also known as a temporary employment relationship, has the same regulations on termination as a normal employment relationship. It may be that a collective agreement overrides these statutory regulations. This can happen in temporary employment, and the main issue here is the length of the notice periods.
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 know that for employment of less than 4 weeks, the notice period is just 2 days for both the employee and the temporary employment agency.
In the period between the fifth. In the period between the fifth working week and the end of the second month, the notice period for termination is one week. From the third to the sixth month, the notice period is two weeks.
If you have been working for a temporary employment agency for 7 months, the probationary period ends and the statutory notice periods come into force. In this case, you or the employer have three months' notice, unless otherwise stipulated in the collective agreement.
It is important to know that many temporary employment agencies adhere to the statutory collective labour agreement. It provides guidance on the legal requirements. However, this is not mandatory and it is therefore important to find out in advance whether general statutory requirements or a specific collective agreement apply.
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 statutory notice periods.
BZA applies the statutory notice periods. It is important here that the notice of termination must always be given in writing. The statutory provisions for termination without notice remain unaffected. In addition, the employer may also release an employee from work until the end of the employment relationship if he continues to pay the salary. Furthermore, the BZA allows temporary employment contracts to be limited to a total duration of 2 years without stating objective reasons. This represents a deviation from the statutory regulation.