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Germany – BMW wins court case over hiring agency staff

29 August 2012

A court ruling last week once again decided in favour of BMW’s policy to use hundreds of temporary agency workers at a plant in Eastern Germany, after the work council challenged the company’s decision to renew the contracts of 1,100 temporary agency staff.

The Labour Court in Leipzig decided that the automobile giant may continue to employ a further 190 temporary workers because their employment was “urgently required.”

This comes after BMW wanted to renew the labour agreements of the 1,100 agency workers in January this year. But the work council opposed the move, saying these employment relationships were of a permanent nature and not designed to cover peaks in demand. 

The work council therefore took the firm to court, claiming the practice of using agency workers in such high proportions were unacceptable and created a two-tier system of employees. It also argued that the temporary workers had been employed at the plant for several years and should be entitled to permanent employment.

BMW has been involved in nine legal proceedings regarding this matter with one more to follow after winning the first case in February this year. The company has repeatedly been criticised for using such high proportions of agency workers. 

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