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Germany – Leading academic slams anti-staffing regulations

26 June 2012

A new expert opinion by a German legal professor claims that some of the regulations planned by various Federal States in Germany imposing restrictions on temporary staffing industry are illicit and break both European law and the wage autonomy of bargaining parties.

In a press release, the German association of temporary employment agencies (BAP) raised awareness of the new expert opinion by Professor Dr. Volker Rieble from the Ludwig Maximillian University of Munich, which argues that the States aiming to implement such legislation act illegally. It also says that these States do not have a solid competence basis for their decisions and are therefore not entitled to receive funding from the Government for their anti-staffing regulations.

The expert opinion, a copy of which has been received by Staffing Industry Analysts, also refers to the EU Agency Workers Directive (AWD) which clearly states the “basic right of temporary employment”. This prohibits any restrictions of temporary staffing if it does not lie in the interest of the general public.

The BAP said that some of the States which want to impose further restrictions on staffing firms and their buyers to exclude them from investment subsidies and public contracts include Bavaria, Baden-Württemberg, North Rhine Palatine and Rhineland Palatania, Saxony Anhalt and Thüringen.

BAP President Volker Enkerts criticised that “the illegal policy of [these] Federal States puts staffing firms and their clients arbitrarily at a disadvantage when compared to other companies. Furthermore, they are curtailed significanlty in their basic right of entrepreneurial freedom. We urge the States to revise these illicit decisions as soon as possible.“

The BAP has long been campaigning against such anti-staffing regulations, arguing that the temporary employment industry provides good working conditions and job prospects to workers.

Professor Dr Rieble is a lawyer and, since 2004, has been Professor of Labour Law and Civil Law at the Ludwig-Maximilians-University Munich and Managing Director of the Centre for Industrial Relations and Employment Law (ZAAR), an institute at the University of Munich. 

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