Temporary employment in the construction industry
In the meantime, it is no longer a secret in Germany that there is a strong shortage of skilled labour exists. This is not stopping in the construction industry either. Here, too, it is now difficult to find properly qualified staff.
It is important to know that there are stricter framework conditions for temporary employment for companies in the construction industry. These must be observed at all costs. One can almost speak of a ban, because the what is temporary employment and how does it work? is characterised by Personnel service provider according to the Temporary Employment Act § 1b had already been prohibited in 1982.
To get around this or to counteract the shortage of skilled labour in the construction industry, there is the so-called "colleague assistance". This gives construction companies the opportunity to borrow workers from another construction company on a temporary basis. This allows companies to remain flexible.
What is legally permitted in staff leasing?
It is only possible for two companies in the construction industry to provide temporary workers to each other. Incidentally, according to the Temporary Employment Act § 1b and 2b, this only applies to the areas of demolition, scaffolding, roofing and landscaping and gardening. In plain language, this also means that only one construction company or scaffolder is allowed to hand over its specialists to another construction company or scaffolder.
Furthermore, the lending company may only employ fewer than 50 workers. This includes all industrial employees, trainees, part-time employees and marginal employees. The company owner is not counted here.
The size of the company is not relevant here. What is important, however, is that temporary employment requires that the hiring company can prevent short-time working and the risk of redundancies. There must also be a concrete and well-founded suspicion of this. In case of doubt, the lender must also provide proof of this.
How long can a company lend staff if it has fulfilled all legal requirements?
Only if the company fulfils all legal requirements may it transfer the personnel to another company for a period of 12 months. The hirer may also lend employees several times via a repeated assignment.
It is also permitted to lend out several employees at the same time. In this case, the hirer may not exceed a period of 12 months for each individual employee.
Furthermore, there must be a concrete deployment plan. The competent authorities check whether the hirer fulfils the requirements of Section 1a of the AÜG. The hirer is responsible for fulfilling all legal requirements in advance. Otherwise, he is guilty of unauthorised temporary employment. In summary, it can be said that two construction companies may lend employees to each other if:
- Both the hirer and the borrower are companies in the construction industry.
- The lender is covered by the same framework and social security collective agreements for at least 3 years
- The hirer employs fewer than 50 employees
- Short-time work or redundancies can be avoided in the hirer's company by hiring out its employees
- The duration of 12 months for one employee at a time is not exceeded.
Do you still have questions about temporary staffing in the construction industry or are you looking for temporary workers for construction? We at Zeitarbeit International place personnel from Eastern Europe for Industry sectorsconstruction, crafts, electrical engineering and IT. We look forward to hearing from you.