Temporary employment of workers in the event of industrial action in the hirer's enterprise - the new version of section 11 (5) of the Temporary Employment Act (AÜG) (only available in German language)

"Nomos Verlag - Das Werk ist Teil der Reihe Studien zum deutschen und europäischen Arbeitsrecht" [Nomos Verlag - The work is part of the series Studies on German and European Labour Law]

August 2020

"Arbeitnehmerüberlassung beim Arbeitskampf im Entleiherbetrieb - Die Neugestaltung des § 11 Abs. 5 AÜG" [Temporary employment of workers in the event of industrial action in the hirer's enterprise - the new version of section 11 (5) of the Temporary Employment Act (AÜG)]

It is in the interest of every employer to continue operational procedures throughout an industrial dispute. In order to achieve this, employers have historically deployed temporary workers as strikebreakers, among other tactics. The legislator has deprived employers of this legal opportunity through the amendment of Section 11 (5) of the Temporary Employment Act (AÜG). In view of the legal motives that were hereby set out, this thesis will thoroughly examine the industrial dispute law concerning temporary workers as well as undertake an in depth analysis of the compatibility of this legal position with higher ranking laws. Further, a detailed examination will be undertaken of the legal prerequisites, scope and consequences of the recently introduced Prohibition of Employment, as well as the upheld right to withhold performance.

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