Temporary employment
13.01.2015
Berlin-Brandenburg State Labor Court 17.12.2014 – 15 Sa 982/14
Current interesting case law in labor law
Here: Temporary employment
The Berlin-Brandenburg State Labor Court ruled in its decision – judgment of 17.12.2014 – 15 Sa 982/14 – that the employer, a temporary employment agency, is not entitled to unilaterally book negative hours on its working time account for times in which it was unable to use the employee.
The collective agreement (MTV) for temporary employment concluded between the Federal Association of Temporary Employment and the member unions of the DGB on 22 July 2003, which applies to the employment relationship, does not allow the unilateral offsetting of positive hours on the working time account with negative hours that arise because there is no opportunity for the employee to be used.
Even if the collective agreement regulation were to be interpreted differently, a unilateral charging of these hours on the working time account to the detriment of the temporary worker would be legally excluded; conflicting collective agreement regulations are inadmissible.
Due to the importance, the State Labor Court has allowed an appeal to the Federal Labor Court.
What does this mean in practice?
Get your employer to give you your working time account in writing and check whether the employer has charged times without your consent. Do not give rash unilateral consent to charging on the working time account.
Employees affected by such unilateral charging should act as quickly as possible to protect their claims. The relevant collective agreement and employment contract regulations contain short limitation periods within which the employee must assert his claims, both against the employer and, if the employer does not respond, by filing a lawsuit with the labor court.
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