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Equal treatment in staff leasing

Equal Treatment guarantees temporary workers the same working conditions. This entry explains the principle, its scope, departures under collective agreements and how it differs from equal pay.

Key facts
  • Equal treatment on the essential working conditions (§ 8 AÜG, written into the act in 2017).
  • Part of the equal treatment principle – together with equal pay (remuneration).
  • Covers working time, holiday, breaks and access to social facilities (EU Directive 2008/104/EC among others).
  • Breaches: fines up to €500,000, withdrawal of the license, back payments.

Definition and classification

Equal Treatment is the statutory obligation to treat temporary workers the same as comparable permanent employees of the client company. The equal treatment principle has been written into the AÜG since 2017: for the duration of the assignment the client company has to grant the temporary worker the essential working conditions applying in the hirer's operation to a comparable employee of the hirer, including remuneration (§ 8 AÜG).

The principle has two components: Equal Treatment (the working conditions) and Equal Pay (the pay). Temporary workers should suffer no disadvantage from the form of their employment.

What counts as essential working conditions?

Under EU Directive 2008/104/EC, the essential working conditions cover the length of working time, overtime, night work, days off, holiday, breaks and rest periods. Equal treatment also includes access to social and collective facilities – the canteen, break and smoking rooms, transport or the workplace nursery.

The part of equal treatment that concerns Equal Pay applies after nine months of uninterrupted assignment at the latest (only a break of more than three months interrupts it) and covers every form of remuneration – capital-forming benefits, meal allowances, continued pay, special payments, allowances, premiums and benefits in kind.

What departures under collective agreements are possible?

The AÜG allows departures from the equal treatment principle only under a valid collective agreement, and only as long as the minimum hourly rates it sets are not undercut. This does not apply if the temporary worker was permanently employed by the hirer in the six weeks before the assignment (the so-called revolving-door rule). Industry supplement agreements push the full alignment of pay out to up to 15 months, with a stepwise approach after around six weeks of onboarding.

What penalties apply for breaches?

Agreements that provide worse working conditions including pay for the temporary worker (§ 9 (2) AÜG) or restrict their access to collective facilities (§ 9 (2a) AÜG) are not permitted. Penalties usually fall on the staffing provider as the employer: fines of up to €500,000, withdrawal of the license and back payments to the temporary worker where their pay is below the comparable level.

Frequently asked questions

Does equal treatment apply immediately or only after a period?

The general working conditions (working time, holiday, access to facilities) apply in principle from the first day of the assignment. Only the alignment of pay (equal pay) takes effect after nine months at the latest.

What is the six-week rule in equal treatment?

Departures under a collective agreement do not apply if the temporary worker was permanently employed by the same hirer in the six weeks before the assignment – this prevents permanent jobs being converted into agency work on worse terms.

Does access to the canteen or the workplace nursery count as equal treatment?

Yes. Access to social and collective facilities such as the canteen, break rooms, transport or the workplace nursery is expressly included.

Who is liable for breaches of equal treatment?

As a rule the staffing provider as the employer – with fines of up to €500,000, possible withdrawal of the license and back payments to the temporary worker.

Related terms

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