GERMANY: Agency worker wins hours reduction case

An agency worker in Germany who wanted to reduce his working hours has won his case against a recruitment agency on appeal, according to a press statement from Germany’s Bundesarbeitsgericht, or Federal Labour Court.
Thu, 22 Nov 2012

An agency worker in Germany who wanted to reduce his working hours has won his case against a recruitment agency on appeal, according to a press statement from Germany’s Bundesarbeitsgericht, or Federal Labour Court.

The agency worker, who has not been named, in accordance with German labour court practice, was employed at a client company since 2008 and, on two occasions in 2009, he had asked to reduce his working hours from 18 to 10.

The staffing company, which acted as the employer in this case, did not agree to his request because it had arranged with the client company to only send out agency staff who work able to work a minimum of 18 hours a week.

The staffing firm argued that, on these grounds, the supply agreement would not allow a reduction in working hours.

The regional labour court in the German state of Hesse had at first ruled in favour of the staffing company, with the agency worker appealing the decision.

The federal labour court said that the supply agreement alone did not justify denying the worker a reduction in working hours.

The labour court told recruiter.co.uk that it does not give “any information on litigants that allow conclusions on their identity”.

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