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.