Revised Temporary Employment Act in effect since 1 April 2017

The amend­ments to the Law on Tem­po­rary Employ­ment (AÜG, Arbeit­nehmerüber­las­sungs­ge­setz) came into effect on 1 April 2017. This has led to stricter rules in many areas.

In addi­tion to the pre­vi­ous pro­vi­sion requir­ing a per­mit for the use of tem­po­rary employ­ees, there is now an addi­tion­al oblig­a­tion to dis­close the con­trac­tu­al rela­tion­ship as tem­po­rary employ­ment.

Fur­ther­more, the max­i­mum tem­po­rary employ­ment term was lim­it­ed to 18 months and an oblig­a­tion was added to pay the employ­ee accord­ing to Equal Pay prin­ci­ples the ninth month of the tem­po­rary employ­ment onwards. How­ev­er, the Tem­po­rary Employ­ment Act pro­vides for cer­tain exemp­tions.

Vio­la­tions of the max­i­mum tem­po­rary employ­ment term, the dis­clo­sure oblig­a­tion and the oblig­a­tion to obtain per­mis­sion can imply so-called fic­ti­tious employ­ment. This means that an employ­ment rela­tion­ship between the tem­po­rary employ­ee and the hir­er is estab­lished by oper­a­tion of law.

Fur­ther­more, these vio­la­tions as well as vio­la­tions of the Equal Pay prin­ci­ple are pun­ish­able by fine.

 

Pic­ture cred­its: Pho­to by Ingo Joseph on pexels.com