Temporary work / agency work

Temporary work is also known as "agency work" or "temporary employment". Temporary workers have a contract with a company that lends its employees to other companies. If you have an employment contract with a temporary employment agency, you will be temporarily assigned to other companies that urgently need staff. Although you work for this company, you are not part of the regular workforce and will continue to be paid by the temporary employment agency. The temporary employment agency is completely responsible for you, i.e. you also apply to it for your vacation, for example, and the temporary employment agency pays your social insurance.

Please note: Temporary work does not mean "working on a temporary basis". As a rule, you are permanently employed by your temporary employment agency and only change the company where you are employed from time to time. The contract with your temporary employment agency is usually open-ended.

Temporary work is often offered in the metal and electrical industries and in the security, logistics, transport, administration and office sectors. In general, however, you can do temporary work in all sectors. Even unskilled workers are sought and hired by temporary employment agencies.

What do I need to know?

What are the advantages and disadvantages of temporary work?

Temporary employment agencies offer many jobs. Temporary work can therefore be a way for you to enter the German labor market. You can also gain a lot of experience and make professional contacts by working in different companies. Sometimes temporary workers are taken on after their assignment in a company and hired directly as regular employees. However, this is only possible if your employment contract with the temporary employment agency has ended or you have terminated your contract.

However, temporary work also has disadvantages. The company that hires you from the temporary employment agency pays money to the temporary employment agency. In order for the temporary employment agency to make a profit, it usually pays you less than the salary you could receive as a regular employee. The fact that you are assigned to different companies also means that your working environment changes very often. You therefore have to constantly get used to a new workplace and new colleagues. In some cases, you may also have to travel long distances to work if you are deployed far away from your home.

What rights do I have?

The rights of temporary workers are regulated in the Temporary Employment Act(AÜG). Many temporary employment agencies are also subject to sectoral collective agreements. Sectoral collective agreements are agreements between companies and trade unions on working conditions in a specific sector.

As a temporary worker, you have the following rights:

You have the right to an employment contract or written proof of your working conditions. This proof should list the following facts: the start and duration of your employment relationship, a brief description of your activities, the amount of your salary, the number of hours you work per week, the notice period, etc. This evidence is very important if there are any problems with your employer.
You have the right to the same working conditions as the employees of the company where you are temporarily employed. This means that you must not be treated differently from your permanent colleagues.
As a rule, you may not work for the same company for longer than 18 months. If your temporary employment agency hires you out to a company for longer than 18 months, this automatically creates an employment relationship between you and the company where you are assigned. If you do not want this, you can stick to your contract with the temporary employment agency. To do this, you must go to your local employment agency and express your wish in writing. You can find an employment agency near you at arbeitsagentur.de.
You do not have to accept all the jobs that the temporary employment agency assigns to you. As a rule, your contract only obliges you to carry out the jobs listed in your contract. For example, if you were hired as a metal worker, you do not have to accept a job as a security guard.
The temporary employment agency must provide you with the "Information sheet for temporary workers" from the Federal Employment Agency at the start of your employment. This information sheet explains your rights as a temporary worker. You have the right to receive this leaflet in your native language.

How will I be paid?

You have the right to be paid at least the minimum wage for temporary workers. Currently, the minimum wage for temporary workers in western and eastern Germany is 10.45 euros (as of April 2021). From April 1, 2022, it will be increased to 10.88 euros.
If you are employed by the same company for more than nine months, you must generally receive the same salary as your colleagues employed there. In some sectors, there may be collective agreements that stipulate that you only have to receive the same salary as your permanent colleagues after 15 months.
You must receive your salary even if you are not currently employed by a company.
Overtime is generally not paid. Instead, you will receive days off later. So if you work more than eight hours on one day, for example, you can leave early on another day or stay home completely. However, you must agree this with your line manager beforehand. This time off in lieu is arranged by your temporary employment agency.
As a rule, the temporary employment agency must pay you the travel costs for the journey from your temporary employment agency to your place of work. However, the travel time does not count as working time. Your contract states how far your place of assignment may be from the location of the temporary employment agency itself.

How do I find a temporary employment agency?

Temporary employment agencies are usually always looking for new employees. They also use the usual job boards for this purpose. You can find out more about this in our chapter "Job search and application". You can also search for temporary employment agencies in your federal state or city on https://info-zeitarbeit.de/zeitarbeitsfirmen-in-deutschland and http://www.zeitarbeit-job-netzwerk.de/.

Where can I complain?

If there are problems with your specific job, you can contact the works council of the company where you are employed. The works council represents the interests of employees vis-à-vis the employer. For example, it ensures that laws and collective agreements are complied with. If there are problems with your wages or other contractually agreed regulations, the works council of the temporary employment agency is responsible. If your temporary employment agency does not have a works council, you can also contact the works council of the company where you are employed with these problems. You can find information about the works council's office hours in the break room or on the notice board, for example.

You can also contact an advice center of the "Fair Integration" project. The staff speak different languages and will support you free of charge if you have problems with your employer. You can find an advice center near you at faire-integration.de.

If you are discriminated against at a temporary employment agency or a company where you are employed because of your origin, nationality, sexual orientation, gender or age, you can contact the Federal Anti-Discrimination Agency. The staff there can be contacted by telephone on Mondays from 1pm to 3pm and on Wednesdays and Fridays from 9am to 12pm on 030-18555 1855 or by email at [email protected]. They speak German, English and Arabic.

Please note: You can seek advice anonymously at all of the above offices. Your superiors and colleagues will not find out about your complaint if you do not want them to.

Important

There are always "black sheep" among temporary employment agencies, i.e. companies that do not comply with the law. Find out about the temporary employment agency in advance. For example, from friends or an advice center. You can find more information on this topic at karrierebibel.de.

Source: handbookgermany.de