The commercial leasing of employees occurs when a company as a lender provides temporary workers to another company as a hirer. It is also known as personnel leasing, agency work or temporary work. The legal basis is the law on the regulation of commercial temporary workers (AÜG) and the part-time and temporary employment law (TzBfG).
The leasing company must declare in the temporary employment contract that it has the necessary permission for temporary employment. As of 2004, the temporary worker is to be treated on an equal footing with a comparable employee of the hirer with regard to working conditions - including wages (Section 3 (1) No. 3 AÜG).
If the principle of equal treatment is violated, the license to exercise the commercial leasing of employees must be denied. Among other things, this regulation also eliminates the limitation of the leasing period of the temporary worker to 24 months. The Part-Time and Fixed-Term Employment Act (TzBfG) now applies to fixed-term temporary employment relationships, as does all other employment relationships.
Temporary employment is a good option in the administrative area, e.g. B. with typists, but also in the commercial sector z. B. with fitters, skilled workers. Reasons for using temporary workers can include: B. Vacation, illness and short-term peak performance.