Do temporary workers have to keep working when their permanent colleagues are on strike?
No. Temporary agency workers are not permitted to perform strike-breaking work. This is expressly prohibited under Section 11(5), Sentence 1 of the Temporary Employment Act (AÜG). This means that the client company may under no circumstances assign them to perform work normally carried out by striking permanent employees.
Temporary workers also have the right to completely refuse to work during a labor dispute at the client company. This is governed by Section 11(5), Sentence 3 of the AÜG. In addition, there is a provision in the framework collective bargaining agreements for temporary workers that staffing agencies must adhere to. According to these provisions, temporary workers may not be assigned to workplaces where a strike is taking place. These collective bargaining agreements apply to all member companies of the General Association of Personnel Service Providers (GVP—formerly iGZ and BAP), such as the temporary staffing agencies Randstad, Adecco, and Manpower. However, the staffing agency may assign temporary workers to another workplace where no strike is taking place.
What should temporary workers do if they are nevertheless assigned to a workplace where a strike is taking place?
They should contact the works council at the striking workplace or their local IG Metall chapter.
Are temporary workers allowed to participate in actions related to collective bargaining negotiations?
Yes! If they are not working due to a statutory or collective bargaining agreement-based prohibition on deployment, or because they are exercising their right to withhold labor, and are not assigned to another assignment, they are not required to “sit out” the strike-related downtime in the break room, for example, but may participate in the actions.
What must a temporary worker do in the event of a strike?
The temporary worker must notify their employer (the staffing agency) that they cannot or will not work at the client company due to a strike. This notification may be informal. Furthermore, their employer must also inform them of their right to refuse to work. The Temporary Employment Act states: “A temporary worker is not obligated to work for a client company if that company is directly affected by a labor dispute. In cases of a labor dispute as described in the first sentence, the staffing agency must inform the worker of their right to refuse to work.”
What about the right to compensation?
Regardless of whether the assignment ban is based on law or a collective bargaining agreement, or whether the right to refuse to work is exercised: The lost working hours must be paid as if the temporary workers had worked. However, this does not apply if the temporary staffing agency actually assigns the temporary worker to another workplace not affected by the strike. Temporary workers should also avoid taking time off at the agency’s request to make up for the lost work hours. This would only result in a reduction of their credit balance in the working time account, but would not result in payment for the lost work hours.
Can temporary agency workers voluntarily waive their right to participate in industrial actions?
The work assignment bans cannot be circumvented by pre-formulated “declarations of consent” from the staffing agencies. Nor can the statutory right to refuse to work be waived by means of a “preliminary declaration.” In the past, some temporary workers received such forms from their employers. Our advice: Do not sign them. This is against the law.
Can temporary agency workers become members of IG Metall?
Yes! Our membership offers significant benefits, such as extra payments for union members. Above all, it also provides comprehensive legal protection in all matters related to the employment relationship.
