Temporary agency work: right to takeover and maximum duration
As a temporary agency worker you work in a third-party operation but are employed by the agency firm. How long may this go on, and are you entitled to a permanent takeover? This is governed by the Temporary Employment Act.
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What you should do now
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1. Check the deployment duration
How long have you been at the same hirer? Over 18 months (without a collective deviation)?
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2. Check the license
Does your agency firm have a valid license for temporary employment?
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3. Clarify the consequences
In case of a violation, an employment relationship with the hirer can arise; you should have this checked.
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4. Mind equal pay
After a certain deployment period you are entitled to the same pay as the core workforce.
Frequently asked questions
How long may I work as a temporary worker in the same operation?
As a rule for at most 18 months without interruption at the same hirer (maximum hire duration, § 1 AÜG). Collective agreements of the sector of deployment can provide for longer or shorter times. If the permitted duration is exceeded, an employment relationship directly with the hirer can come about by operation of law.
Do I as a temporary worker have a right to takeover?
There is no automatic right to a permanent position with the hirer. However, an employment relationship with the hirer can arise by operation of law if the maximum hire duration is exceeded or the agency firm has no valid hiring license. In addition, after a certain deployment period you are entitled to equal pay.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.