Definition and classification
The maximum assignment period is the statutory upper limit under which a temporary worker may in principle be deployed with the same hirer for at most 18 months without interruption. The basis is § 1 (1b) AÜG. Until the AÜG reform of 1 April 2017 the duration was bounded only by the vague word „temporary"; since then there have been clear limits for agencies and hirers.
The period is tied to the person: what counts is the total assignment time of one specific employee, not of a position. The time counts even if the worker was previously deployed with the same hirer through a different staffing provider.
A temporary worker has been at the same plant for 17 months, but was already there for four months two years ago – with only six weeks' break in between. The earlier time counts, so the 18-month limit has in fact been exceeded. An automatic deadline warning that checks interruptions would have reported this in time, before an unwanted employment relationship with the hirer came into being.
Exactly how is the period counted?
Earlier assignment time only counts if there was no break of more than three months within the 18 months – so the interruption has to be at least three months plus one day . Time between assignments, assignments with other clients and assignments with the same client before 1 April 2017 all count as an interruption.
Not clearly governed are regular short assignments (for example on a fixed weekday over several weeks) and whether holiday and sick leave count; for legal certainty it is advisable to count them, and in case of doubt to take legal advice. Assignments at different group companies are not added together, since affiliated companies count as different hirers.
What exceptions exist under collective agreements?
The AÜG allows departures where a collective agreement exists for the client's industry – both shorter and longer assignment times. In the metal and electrical industry, for example, up to 36 months have been set by collective agreement and up to 48 months by works agreement. For clients bound by a collective agreement the departure comes with conditions: the agreement has to set a different duration or contain an opening clause allowing a works agreement – adopted by the works council – to depart from it. For clients not bound by a collective agreement, an extension to a maximum of 24 months is possible with the works council involved.
What happens if it is exceeded?
Exceeding the limit – even by one day – carries penalties. The employment relationship between the staffing company and the temporary worker is deemed void; an employment relationship between the client and the worker automatically comes into being. The staffing provider faces withdrawal of the license, fines of up to €30,000 and back payment of social security contributions and pay. Through a declaration of adherence the temporary worker can hold on to the employment relationship with the agency: it has to be submitted in person to the Federal Employment Agency within one month of the limit being exceeded, passed on to the staffing company or the client by the third day after that at the latest, and may not be given in advance – it does not lift the penalties.