Temporary work - Are you one of them?
- In Germany, the words temporary work and agency work are often used interchangeably. The term "temporary employment" is also frequently used.
- The temporary employment agency hires you out to a company for a certain period of time. Your employer is and remains the temporary employment agency and not the company where you work. However, you will receive your instructions from the temporary employment agency. You can also contact the works council of this company.
- However, your contact person for payment and working conditions (such as working hours and holidays) remains your temporary employment agency.
Important:
You have signed the contract with the temporary employment agency. This is your employer with all rights and obligations! Temporary employment agencies are different from recruitment agencies and require a special licence from the Federal Employment Agency to operate.
Do you know your rights?
Almost all temporary employment agencies in Germany refer to one of two applicable collective agreements in their employment contracts: DGB-BAP or DGB-iGZ. These collective agreements regulate the working conditions and pay in general for all temporary workers. Your employer must provide you with the collective agreement that applies to you if you ask him to do so.
Wages
The collective labour agreements for temporary workers provide for a minimum wage, which is referred to as the generally binding wage floor. The minimum wage in temporary work is identical to the lowest pay level of the collective agreements for temporary work and applies to all temporary workers working in Germany. Currently (2024) this is €14.00 gross/hour. Your actual wage results from the allocation to a pay group. There are 9 pay groups in the collective labour agreements for temporary workers. The allocation depends on your respective activity.
In addition, there are surcharges for overtime, Sunday, public holiday and night work, as well as any industry surcharges and assignment-related bonuses regulated in the collective agreement.
Attention:
If you have a qualified job, you may not be categorised in pay group 1, but must earn more.
How does the working time account work?
In temporary work, a 35-hour week is usually agreed. However, your working hours are often based on the shift times of the company you are working for. If you work more or fewer hours than agreed in your contract, you accumulate plus or minus hours in the working time account. However, the number of permitted plus hours in a working time account is limited: 150 in the DGB-iGZ collective agreement and usually 200 in the DGB-BAP collective agreement.
If you have plus hours in your working time account, you can apply for or order time off in lieu (additional days off).
If the iGZ collective agreement applies to you and the iGZ collective agreement applies to you and you have more than 70 plus hours in your working time account, you can request payment of the additional hours. If the BAP collective agreement applies to you, you can request payment of the hours from your working time account that exceed 105 plus hours.
What happens if there is no work for me?
You also have the right to payment for non-working hours!
If your employer has no work for you, you must continue to receive your normal salary as long as you remain available for work. They are not allowed to charge you minus hours on your working time account or force you to take holiday!
If there is no more work for you in the company where you work, this is not a reason for dismissal. Your temporary employment agency is obliged to find you a job in another company.
However, it is important that you read your employment contract and any supplementary agreements carefully, as in many cases temporary employment agencies require their employees to report in regularly during their time off, e.g. by calling the temporary employment agency's office every morning.
Attention:
In temporary work, there are very short notice periods if you are in the probationary period.
What can I do if the payslip is incorrect?
In temporary work, there are short time limits under collective agreements during which you can, for example, claim incorrectly calculated working hours or unauthorised deductions. You must claim outstanding wages from your employer in writing within three months of the due date. Otherwise your claim will lapse!
Claim outstanding wages in writing immediately! Go to an advice centre or your trade union if you have any questions or need support.
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