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Employee hiring is "rental businesses "from workers (borrowing employees) by an enterprise to another enterprise (borrower Colloquially employee hiring is called also Leiharbeit, time work or personnel leasing.
Employee hiring is characterised after German right by a specific triangle relationship between borrowing employees, rental business enterprises and Entleihunternehmen: The borrowing employee is employed at a time work company in such a way specified. It has there the usual employee rights. The borrowing employee furnishes its work contrary to one "normal "employee however not in the rental business enterprise, but by this to another enterprise is lent. In the Entleihfirmen again the there superiors of the borrowing employee have the instruction power over the borrowing employee and the responsibility for the industrial safety.
| Coworker | ||
| Content achievements, contract of employment/ | \ Works, instruction power | |
| (service giver) | supply contract |
So no workers must be looked for and stopped for demand points. With deductions of the demand can be done without the workers without dismissals. Between the borrowing employees and the entleihenden enterprises no contractual connection comes off. Basis for the activity of the time work enterprises is in Germany the employee hiring law in Austria the worker hiring law
Meanwhile borrowing workers are represented in all industries and with all qualifications, in the commercial and in the commercial range.
Of it expressly excluded are enterprises, which are assigned to the building main trade. Into these enterprises commercial coworkers (workers and aid) may not be left strength law.
The term time work originates from the beginnings of the industry in Germany. During introduction of the the "maximum hiring duration of borrowing employees" was limited on 6 months. This was extended later. Up to the year 2001 12 months applied, afterwards by the formulations "of the job of AQTIV law "24 months. By the reorganizations "of the first law for modern services at the job market "in the year 2002 these regulations were waived to the maximum duration. Since borrowing employees can be for an unlimited period for a long time left to that.
The hiring of workers on third regulates the worker hiring law of 1988. The payment, which refers the worker during the hiring to the has itself to address to the collective-contractual regulations of the Same applies to work times (service takers may not become "bad" the permanent staff).
Austrian definitions (as per
* "§3. (1) Hiring of workers is the availability from workers on to the work third.
* (2) is, who obligates workers on to the work third contractually.
* (3) is, who uses workers of a for work for tasks in-house.
A hiring to strikers of enterprises is legally forbidden ("§9
Since beginning gives it to 2004 for the time work industry several collective agreements, to which time work companies are quasi bound by law. Thus to the industry actually minimum wages are introduced. This is however, at least in the range of the commercial and commercial specialists, usually under the wages, which were paid before the quasi-collective agreement obligation. In simple or unqualified work areas however a clear improvement of the remuneration was reached.
The length of application of a coworker of one year in (customer) an enterprise, limited so far, was revised likewise. So the outside coworker can remain so long in an enterprise, as he is needed there.
If a time work entrepreneur a collective agreement does not follow, he is to be operated obligated Equal so mentioned Treatment/Equal Payment. It must thus the borrowing employee within all ranges of the employer-employee relationship a comparable non--borrowing employee in the borrower enterprise resembleal. This contains also all special allowances, annuities (Christmas benefit, holiday pay, premiums) as well as the for layer and additional work. For this the purchases of the own coworkers are to be put in the case of doubt opposite the openly and be converted into hourly wages for the time employee.
The tariff connection can be however also fulfilled by the if the tariff-contractual regulations were transferred to 100 per cent to the work contract and thus are fulfilled. A membership with one of the federations, by which the collective agreements were negotiated and agreed upon (BZA or iGZ), are not not compellingly necessarily.
see also in Austria, collective contracts in Switzerland
For several years time work enterprises employ coworkers annually well over one half million:
Time work enterprises adjust - annually recurring - far over 400.000 coworkers again.
Of it approximately 65% were before without occupation
Time work enterprises bring thus - annually recurring - hundredthousands made of unemployment into occupation under social security.
Approximately 30% all coworker change into their own employment relationship, after they were busy with time work enterprises. Time work enterprises integrate thus - annually recurring - far over 200.000 coworkers in the long term into the first job market
The Federal Ministry for economics and work raises annual statistic data to worker hiring to the deadline 29.7.2005 gave it altogether 46,679 left workers with 12.300
From these 46,679 employees 9,670 (20.7%) up to a month and 12,385 (26.5%) was constantly left over 12 months. 50.5% the service taker were left up to 6 months, 40.4% over 6 months.
Source: |BMWA homepage - BMWA with Wikipedia
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