Wednesday, May 11, 2016

Labor market – The changes in the agency – Sü

Equal pay for equal work. This should also apply to temporary workers according to the will of the Minister of Labour. But there are exceptions.

ABBR Questions and Answers Thomas Öchsner , Berlin

As Federal Minister Andrea Nahles permeated the minimum wage, she said:” Then you can be proud of “. This Wednesday the SPD politician spoke again of a historic step. “We have for the first time in history at all a legal framework that clearly reinforces the rights of temporary workers. We have ever rules so that work contracts are not abused for the first time.” What is behind the agreement at the summit meeting of Union and SPD, which loopholes will make the minister – the most important questions and answers at a glance:

What will change for temporary workers

are in Germany it according to the Federal employment Agency, nearly one million temporary workers. This employed by temporary agencies workers are temporarily lent to another organization. In future they have for a deployment of nine months in one and the same company hiring them is entitled to the same pay as received him employee of the permanent team in a comparable position.

Are there exceptions?

Yes, if collective agreements already charges for temporary workers have been agreed. This is already the case, such as in the metal and electrical industry or in the chemical industry in many sectors. The supplements must then however be granted after six weeks of practice time. Longer than 15 months, however, the transitional period may not last, then a remuneration must have been reached, which is the “equivalent” of the master labor. That’s what the draft law of February 2016


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What is the problem in the nine months?

The turnover in this industry is extremely high. 50 percent of temporary employment relationships do not last longer than three months. Therefore, the Greens speak of a “half-hearted step that brings little”. They call the “equal pay from the first day”. Nahles would have wanted more, but she says: “. One can of course always ask for more, we have agreed in the coalition, and that is why I am grateful that it worked”

How long should the last use of a contract worker in the future?

the second important component of the law is the so-called maximum loan period. Temporary workers are allowed to work in one and the same operation is no longer than 18 months. If you continue its business operations, the use operation must stop them, otherwise they have to go after 18 months. This should help to ensure that companies do not employ temporary workers on a permanent basis in order to save labor costs. Again, there are exceptions: The parties in the different sectors can arrange a longer residence time, then the 18-month limit is open upward. Even for companies that fail to comply with collective agreements, there are clauses. You can trace a works agreement collective agreements. Is it set no limit on the use of temporary workers, the maximum loan period increases to 24 months. If such a period agreed not bound by collective borrower temporary workers can use beyond 24 months. Nahles hopes that prevail in sectors where collective agreements and works agreements previously not play a major role, this is now stronger.

Can employers contract workers as strikebreakers use?

Verdi had Deutsche Post accused in recent labor dispute to employ temporary workers as strikebreakers. This is now generally prohibited by law. Employers may contract workers during a strike but can act if they “do not (optionally in the chain) when carrying out functions that were previously performed by strikers”. That is what the agreement paper the coalition peaks which had agreed on Tuesday night to compromise.

What happens in contracts for work?

In a contract for work (a work) is a specific job performance shopped, about the canteen, IT services or cleaning. Not infrequently work contract workers are but victims of labor exploitation as pseudo-self or declared to temporary workers subsequently. The law is now to help dependent and delineate work independently of one another. It also aims to make it more difficult for employers to circumvent protection standards. Therefore, the information rights of the works to be strengthened. You get in future the right to be informed of the nature and scope of the tasks of contract workers in-house. The Ministry sees this as an important step for better control

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