Dispute Regarding Temporary Workers In Permanent Employment Positions
Besides the previously presented decisions of the Federal Labour Court, temporary employment has also occupied the courts of lower instance. The Regional Labour Court [Landesarbeitsgericht, LAG] of Berlin-Brandenburg had to deal with the question of when the deployment of temporary workers can be classed as “provisional”. Section 1 of the German Temporary Employment Act [Arbeitnehmerüberlassungsgesetz, AÜG] in the version applicable as of 1 December 2011 states namely: “Employees are provided to the hiring enterprise on a provisional basis”. […]