Definition and classification
Equal Pay denotes the principle that temporary workers receive the same pay for the same work as comparable permanent employees of the hirer. It is part of equal treatment under the AÜG and covers not only base pay but every form of remuneration – allowances, special payments, capital-forming benefits and benefits in kind.
If the temporary worker already earns more than the permanent staff, their pay is not reduced: existing entitlements are protected.
When does equal pay apply?
Classified and documented under the § 8 AÜG , equal pay applies after nine months of uninterrupted assignment with the same hirer at the latest; from the tenth month the pay has to be aligned. Breaks of less than three months do not interrupt the period. Under an industry supplement agreement the alignment can be stretched to up to 15 months, approaching it in stages after around six weeks of onboarding. Under § 13 AÜG , temporary workers have a right to information about the relevant comparable pay.
What penalties apply for breaches?
If equal pay is not applied in time, there are fines of up to €500,000, withdrawal of the license and back payments to the temporary workers. Automatic deadline monitoring in a VMS makes the cut-off date visible in good time.