In the dispute over a temporary worker who has been employed by Daimler for years, employers see themselves strengthened by a ECJ ruling. In its judgment on Thursday, the European Court of Justice emphasized that it could be abusive to use a worker in the same job for years, but all relevant circumstances, in particular the peculiarities of the industry and national regulations, must also be taken into account. The background to this is a dispute from Germany about an employee who worked for 55 months as a temporary worker at Daimler AG and who is now suing for permanent employment. “We welcome the decision of the ECJ that EU law does not establish an employment relationship and see our legal opinion confirmed in this respect,” said a spokeswoman for Mercedes-Benz AG. However, one sees a certain leeway with the national court, so the final decision from Germany must be awaited. The interest group of German temporary employment agencies “continues to see the green light to deviate from the maximum leasing period through collective agreements in the application industry.”
European Court of Justice – Judgment on agency workers – Economy
