If the remuneration of the temporary worker is below the wage level of comparable employees in the hirer's company and there is no valid collective agreement for temporary workers, there is a claim to payment of the same wage ("equal pay claim"). Until now, it has been disputed whether the hirer can use the limitation periods applicable in his company as a defense against the claim of the temporary worker.



In its ruling of March 23, 2011 (5 AZR 7/10), the Federal Labour Court has now clearly answered this question in the negative. This strengthens the legal position of temporary workers.

As a result of several decisions, the topic of equal pay has become a top issue in the German labor courts within just a few weeks. In particular, ineffective collective agreements or double references to collective bargaining systems as well as fictitious work contracts are leading to disputes. The information service "Arbeitsrecht aktiv" reports on this in detail in its April issue and provides an overview of the current state of case law.



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