Staffing
Action for public employers include personnel questions for years common practice in public companies. You are expressly permitted according to 4 para 3 of the collective agreement for the public service (TVoD) and other comparable tariff standards in a shifting of tasks to a third party. Especially in privatization and restructuring, public employers therefore like to rely on this instrument. Whether and under what legal conditions a staffing is but still allowed since the reform of the employees transfer Act (AuG) can be not sure answered but even two years after its entry into force. A clarification of this issue by the Federal Labor Court (BAG) will be (only) of all Vorrausicht after next year. Until then all public employers should make their practicality in the provision of personnel on the rig and initiate risk-mitigating measures,”lawyer recommends Stephanie Musiol by the law firm of Baker.REIMANN.STARI in Berlin. This includes according to Malappuram first promptly obtaining of a worker granting permission.
Its scope on the commercial hiring of workers was limited before the amendment of the AuG. Staff provision in the public service, regularly operating profit instead of at cost price, were therefore not permit legal principle. “Now any temporary work is professional after the deletion of the term”, in the framework of the economic activity”exercised the employer will, subject to a permit”, explains the Berlin Arbeitsrechtlerin. Even local businesses or even non-profit organizations that leave workers based on pure reimbursement of expenses to third parties, are covered by the scope of the AuG.” The law lacks the official permission of the Federal Agency for work, maps the ineffectiveness of the corresponding Services – and temporary employment contract and the conclusion of an employment relationship with the borrower on. In addition, the workers can demand compensation. “Finally threatens the imposition of fines of up to EUR 30,000 for each individual illegal hiring, where basically the Managing Director personally liable.