The labour law regulates the contractual relations between employers and workers. Construction labour law considered in addition construction characteristics due to statutory and collective agreement provisions. 1 General information on temporary work, temporary agency work (employee transfer) is governed by our right in the so-called employee provision Act (AuG). This law was last edited. modified on March 2, 2009. In contrast to the rest of the economy, this form of manpower procurement in the construction industry is very limited. Is temporary work, when an employer (lender) a worker (temporary) to a third party (borrower) leaves professional work performance. This is the one between the distributors and the temporary agency workers agreed a temporary employment relationship and on the other hand a licensing contract concluded between the distributors and the user operation, which regulates non-gratuitous transfer of workers.
The licensing agreement must be concluded written ( 11 ABS. 1 AuG). The borrower is recipient of a licensed worker with appropriate Directorate legal performance. Employers, however, remains the lender, which has continued to pay the employee wages and social costs. The lender receives a remuneration, which is governed by the licensing contract for the assignment of the employee. According to the legal situation applicable since 1 January 2004 (section 3 para 1 point 3 of the AuG) is the so-called principle of equality. The borrowed workers must be granted from the first day on the essential working conditions as comparable root workers. This concerns in particular the fee and surcharges.
2. the admissibility of temporary agency work in the construction industry there is a prohibition in principle of temporary work in the operation of the construction industry ( 1 b p. 1 AuG), but certain exceptions are made by this ban. 2.1 the permitted exemptions from the prohibition of temporary work in this construction 2.1.1 are lenders and borrowers within the construction industry Active are lenders and borrowers the same border and social collective agreement cash or (companies of the construction industry are covered by the generally binding character of such lender and borrower) and the lender is at least three years ( 1 b p. 2 AuG) temporary work is generally permitted. The lender must basically a permit for the temporary work with the Federal Agency for work request in writing paragraphs 2.17 AuG). This also applies to a lender with headquarters abroad. 2.1.2 colleague help no permission but a display is required in cases of so-called colleague help. Here, provided that the rental company has less than 50 employees is according to 1a of the AuG. Here, he can lend workers to avoid short-time working or layoffs to another building holding up to a period of 12 months. The content of the display, which has to be done at the federal employment agency, AuG arises from 1 para 2. 2.1.4 neither permission nor notification required in Special cases, in the framework of working groups (“Collective agreements of the same sector” must apply to the consortium partners) or in connection with the rental of construction equipment (hire service supply contract) is neither an obligation to the permission to display. The requirements for a permit and ad-free posting of workers to an ARGE AuG are governed by section 1. To the technical terms used here is right on the construction law dictionary under construction work / referenced. Dr. OLAF Hanson lawyer and lecturer for construction law, Munich