In today's world, temporary workers play a role of paramount importance. This is mainly attributed to the fact that companies can thereby reduce their own cost risks and operate in a more flexible manner. In part-time or temporary work, an employer, referred to as the lender, lends its workers to another company, namely the borrower. Temporary workers will be employed in the borrower's company. However, the employment relationship between the employee and the employer as lender still remains. The labour force award is governed by the law regulating the supply of temporary workers, AÜG.
GRP Rainer's lawyers advise you on all issues connected to temporary work.
The supply of temporary workers is subject to various conditions, which are regulated in AÜG. In particular, the lender requires the express permission pursuant to § 1 AUG so its temporary workers comply with the applicable law, even though some exceptions apply. We encourage you to find the related information in advance. GRP's Lawyers provide you with comprehensive advice on AÜG, create custom-made contracts, and general business conditions in consideration of your requirements.
The temporary employment relationship between the employer and the employee as lender is a regular working relationship, whereby the employer is subject to the same rights and obligations as in other employment relationships. That is, there are not only the relevant labour and collective agreements regulations but also the legal provisions on employment protection of the employee. This point is often ignored by many temporary workers and, should problems arise, it is worthwhile to seek legal advice from a lawyer. Our labour law attorneys are at your service to that end.
Working time account
The working time account serves the borrower to capture the employee's working hours. Any time the employee works above the contractually agreed hours will be entered as plus hours in his/her working time account. Conversely, minus hours will be deducted. However, the minus hours deduction must remain within the legal boundaries of the AÜG and is deemed inadmissible if the borrower is in arrears. Thus, it is advisable to seek legal advice from an experienced lawyer concerning the management of working time accounts, as a way to avoid any mistakes and their consequences. At GRP Rainer, we are pleased to place a competent lawyer, who is familiar with the requirements for temporary employment companies, at your disposal.