Temporary workers have not just one, but two employers: the staffing agency with which they have their employment contract—and the client company where they work.
So who should they turn to when there’s something to be resolved? Temporary workers discuss all questions regarding their employment contract and collective bargaining agreement with their staffing agency. But they can’t always get in touch with the agency. And they discuss everything related to their immediate workplace with the client company. And the client company often refers them back to their staffing agency. In such cases, the works council can help.
Better safe than sorry: take action and have a say
There is usually someone at the client company who serves as a competent point of contact for temporary workers as well. Employee representatives are less common at temporary staffing agencies. This is not least because many employees do not even know one another. While organizing a works council election at a temporary staffing agency is not easy, it is by no means impossible. We support temporary workers who want to establish a works council at their staffing agency. That’s why we recommend: Make the most of your unique situation as a temporary worker, exercise your rights to have a say, and establish a works council with your fellow temporary workers.
Works Council—Your First Point of Contact at the Client Company
Whether it’s occupational safety, start times, or simply using the cafeteria: At the client company, the works council is the first point of contact. It advises and has a say in decisions:
- for questions about the start and end of the workday
- regarding the shift schedule or unexpected overtime
- regarding work assignments or transfers
- regarding occupational safety and health
- regarding behavioral and performance monitoring.
In addition, the works council ensures that the employer complies with collective bargaining agreements, other agreements, and laws. This also applies to industry-specific surcharges and company agreements aimed at improving pay for temporary agency workers.
Getting the Most Out of Works Council Elections
At the client company, temporary agency workers are not only allowed to participate in works meetings but also to vote for the works council—provided they have been assigned to the company for at least three months. And they are counted toward the works council’s membership. Temporary agency workers therefore play a decisive role in determining how effective the works council is.
Making Temporary Work Fair with IG Metall
We and the other DGB unions negotiate fair and strong collective bargaining agreements for permanent staff and temporary workers. In the metal and electrical industries, for example, we have secured industry-specific bonuses on top of the standard temporary employment rate starting in the sixth week of assignment, which increase gradually from 15 percent to 65 percent. And after no more than 24 months of assignment, the company must offer temporary agency workers a permanent employment contract. We continue to ensure that temporary agency work cannot be misused for wage dumping.
Co-determination Without Risk
Many temporary workers are in precarious jobs and therefore often shy away from getting involved in or running for a works council. But there’s no reason for that: Works councils are democratically elected—they have us and the Works Constitution Act backing them. Even works council members at the temporary staffing agency enjoy special protection against dismissal from the time they run for office until one year after leaving the council. And if necessary, we provide legal protection for our members.
A works council is only as strong as the employees make it. Temporary agency workers have a say in this, too. You’re eligible to vote after three months of employment at the company. Be sure to cast your vote in the works council election.
Small but important: Works councils in the skilled trades
Advice and support: Contact IG Metall
