Employment Law

Germany’s temp staff

This is quite interesting and a further step to strengthening temp workers in Germany. The Federal Employment Court recently held that temp workers count towards the overall numbers of employees an employer employs. This is significant because the Unfair Dismissal Act only applies to employers with more than 10 employees. Hence, employers could bypass the statutory protection by topping-up their workforce with temp staff while keeping the number of fixed term employees below the threshold. Not anymore. The BAG held that temp workers also count towards the maximum number. Another loophole closed.

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