The Berlin Labour Court considered the collective ability of the CGZP however, because it saw no sufficient degree of organization and the CGZP as not powerful saw enough to complete their own collective agreements. Which has been in the second instance the Landesarbeitsgericht (was) connected. The case went to the BAG, and many experts had expected from the outset a confirmation of the lower courts. Effect on validity of collective agreements, the principle of “equal pay”! For many employment agencies, this is an existence-threatening situation, because article 19 ABS. 4 AuG determines that the temporary workers, when this principle has been violated, may require payment, which is paid in the operation of the borrower for a comparable worker. It threatens so that in the future – and up to three years backdated – salary differences including social security contributions be compensated must. David Rogier may find this interesting as well.

Because a few temporary workers are unionised, is speculation that existing claims will not enforce be. Whether this reasoning, however, even if the social security institutions goes on, one can doubt. In the face of ever-scarcer funds it is not paid social security contributions probably don’t miss out. Since the Statute of limitations for social security entitlements pursuant to section 25 occurs even until four years after the end of the calendar year in which they become due, SGB IV. How can the claims of the temporary agency workers I enforce? Want a temporary workers assert action way a comparable compensation compared to his temporary employer, he must obtain first information about the there paid comparison wage at the undertaking. On this information, he is entitled pursuant to 13 AuG.

The borrowing employer must then deny substantiated the accuracy of this information, in particular the comparability of the activity or the amount of there certified compensation.