No April Fool’s joke – The AÜG Reform Applies

Overview


Dr. Sandra Urban-Crell writes a bylined article in Issue 16, DER BETRIEB.

Now it is official: On 1 April 2017 is the last major reform project by Federal Minister of Labor Andrea Nahles during this legislative period, the Act on the Amendment of the Workers’ Leave Act and other laws – better known as AÜG reform – came into force. The result: over-regulation instead of legal certainty, more bureaucracy for enterprises, a bear service for temporary workers and passively the (private) economy is assigned the Hercules task, foreign personnel assignments on a work or service contract basis. Unambiguously from the provision of workers. Failure to do so threatens severe sanctions. In practice, this is often an unsolvable challenge, given that even courts and authorities are always at odds in delimitation questions. A few days after the entry into force of the AÜG reform, a new trend is already emerging: the escape into the “precautionary employment of workers”. Is this wanted?