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Lawsuit of a temporary worker at Daimler: ECJ expert calls for an explanation for long temporary work

According to an expert from the European Court of Justice, an “objective explanation” is needed when temporary workers are placed with the same company several times in a row. This is to prevent the improper use of temporary agency work. For example, it should be taken into account what kind of work someone is doing and whether, for example, a job is permanently available.

The background to the report is a dispute over an employee who was employed as a temporary worker in the engine production department of Daimler AG for a total of five years and who is now suing for a permanent contract.

No entitlement to employment

The appraiser of the ECJ further recommends that the competent regional labor court Berlin-Brandenburg should examine whether the contracting practice has led to a longer employment period than what could reasonably be regarded as “temporary”.

At the same time, however, the report emphasizes that a temporary worker is not entitled to a permanent contract with the lending company – even if an improper use of temporary work is discovered. The judges at the ECJ are not bound by the reports, but often follow them. A judgment can be expected in the coming months. (dpa / swi)

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Lenny Li

I started to play with tech since middle school. Smart phones, laptops and gadgets are all about my life. Besides, I am also a big fan of Star War. May the force be with you!

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