Temporary Work: Equal Pay And Statute Of Limitations

Wednesday, 30. March 2016

Many temporary workers whose contracts of employment were directed to the CGZP likely to void collective agreements, there are entitled to “Equal Pay” up to 3 years retroactively – the regular limitation period after BGB – high demands on the borrowing employer have to. Also claims from 2007 are still not barred, because 199 calls BGB for the start of the limitation period, that the claim arose and the creditor of the circumstances substantiating the claim gained knowledge. Background according to a decision of the Federal Labor Court (BAG) in Erfurt can the umbrella organization of Christian trade unions work no collective agreements in the future complete (1 ABR 19/10). The first Senate made the validity of existing CGZP contracts though no details, but not obvious is why something else should apply to the past. Now, many temporary workers are entitled to comparable remuneration compared with their (former) temporary employer. Should this action way be claimed, must first obtains information about the there paid comparison wage at the user undertaking are. Since January 2003, there is a prohibition of discrimination in accordance with article 9 for temping agencies Nr.

2, 10 par. 4 employee hiring law (AuG). As well, employers must pay salaried employee, which he gives to other companies, with him as workers with the same activity in the user undertaking. This is not true only then when a lower remuneration is provided on the basis of a collective agreement for the temporary employment relationship relevant. This exception is hidden behind the small Bay, “A collective agreement may allow derogations” in 9 Nr.

2 AuG. That means in addition to comparable wage can also other remuneration elements – how about surcharges, Christmas or holiday money – be claimed, the workers of the borrower company, but not the temporary agency workers have received. Statute of limitations starts the validity of claims according to 199 BGB with the Emergence of the claim and the notice of the circumstances substantiating the claim. Entitled to comparable pay for 2007 was created in 2007. It is questionable but, when the workers took note of the claim the circumstances giving rise. The complicated legal situation speaks my opinion clearly ensure that the Statute of limitations in any case prior to the decision of the BAG has started. It is unanimous legal opinion that complicated and intricate legal situations can lead to doubts, that exclude the beginning of the period of limitation until the clarification. Therefore the knowledge of the conditions of eligibility was missing until the decision of the BAG and the Statute of limitations could not start. Thus, the validity of claims of temporary workers on “Equal Pay” begins with the end of the year 2010. The claims in 2007 leave himself so also now still assert. Claim, legal counsel is recommended due to the complex situation. Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 8 Fax 089-54 89 92 53 E-mail:

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