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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