How do employers choose their temporary employment agency

Are temporary workers also allowed to vote for the works council?

But in which company is the temporary worker allowed to vote?

It happens seldom enough that a works council is elected in the rental business. The employees hardly know each other, and there are no proper operational structures.

If a works council is elected anyway, the temporary worker can vote.

Works council election in the hiring company

If they are on loan to a company for more than three months, temporary workers can vote for the works council there too. This results from Section 7 sentence 2 of the Works Constitution Act (BetrVG).

The electoral committee must ensure that the information provided by the employer on temporary agency workers is complete. And of course he has to put them on the electoral roll.

It depends on the planned loan period

The decisive factor here is not how long the temporary worker had actually worked in the rental company at the time of the works council election. Rather, it depends on the intended length of employment.

A temporary worker is therefore entitled to vote in his first actual week of assignment with a planned loan period of four months.

On the other hand, two temporary workers who work one after the other at the same workplace, but only for two months, are not entitled to vote, since the right to vote is a personal right. The employment time of his predecessor is not taken into account for the second temporary worker.

Temporary workers count towards the size of the works council

When determining the size of the works council to be elected, temporary workers also count if they are regularly employed.

The Federal Labor Court (BAG) only abandoned its opposing case law in 2013. So a union demand has finally been met.

The BAG has not yet decided whether contract workers also count when it comes to the number of exempt works council members in larger companies. After the recent U-turn in case law, it can also be assumed.

The works council should therefore count regularly employed temporary workers when taking leave of absence and possibly claim one more leave of absence. This can also be enforced in court with the help of the DGB legal protection.

Michael Mey, Hagen

You can find the full decision here:

Federal Labor Court on March 13, 2013, 7 ABR 69/11