European Employment Law Cases

Article

2021/33 Does the concept of personnel supply in the public sector violate the Temporary Agency Work Directive? (GE)

Keywords Temporary Agency Work
Authors Othmar K Traber
Author's information

Othmar K Traber
Othmar K. Traber is an attorney-at-law and a partner at Ahlers & Vogel Rechtsanwälte PartG mbB.
  • Abstract

      In a decision of 16 June 2021 (6 AZR 390/20 (A)), the German Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) referred a question to the ECJ for a preliminary ruling that has been a controversial issue in Germany for some time. The question is whether the possibility of a permanent supply of temporary workers, which is referred to as ‘personnel supply’ (Personalgestellung) in the context of the collective agreement for the public sector, and the exemption from the scope of the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, ‘AÜG’) pursuant to Section 1(3) No. 2b AÜG, which allows this provision in the collective agreement, violates the provisions of Directive 2008/104/EC on temporary agency work (the ‘Temporary Agency Work Directive’). Depending on the outcome of the ECJ’s decision, this could have a significant impact on staff leasing often practised in companies operating in the public sector.

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