Cologne, NRW -- (SBWIRE) -- 05/17/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explain: This is the result from several decisions which have been pronounced by BAG on the 13th of March, 2013 (file number 5 AZR 954/11). The BAG handled the cases in which numerous temporary workers sued for supplementary compensation to their wage. The temporary workers concerned were paid by one and the same employers’ association. In some cases a few of the temporary workers earn under half of what the permanent employees received for the same work.

Finally the court decided in his current administration of justice, that the temporary workers are entitled to the same wage as the permanent employees. Though, the temporary workers have to assert the rights before predetermined deadlines. In its decision, the court has founded his position with the German Law on Labour Leasing (Arbeitnehmerüberlassungsgesetz (AÜG)). Therefore the workers for whom there is no valid wage agreement should be entitled to the same working conditions and an equivalent payment like permanent employees.

Experts are skeptical whether the numerous workers are able to assert rights of previous years. Especially the fact that the rights can prescribe may be problematic here.

With respect to all legal questions concerning the conclusion of the agreement, written warning or dismissal, the employees concerned should seek out a lawyer versed in labour law. He can assert their interests in individual and collective labour law both extrajudicially and in court.

One must anticipate tight deadlines in the field of labour law. In the event of dismissal, one should promptly seek legal advice from a lawyer. The limitation period for filing an action only gives the employee three weeks after receipt of the dismissal in writing to appeal the dismissal with an action for wrongful dismissal. He who wants to enforce contractual entitlements must keep in mind the cut-off period in the employment agreement and wage agreement. A lawyer can help ensure that rights do not lapse.

About GRP Rainer
GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Germany
Phone: +49 221-27 22 75-0
info@grprainer.com
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