Temporary assignment of agency workers in and by church-related organisations

Abstract

Temporary assignment of agency workers in and by church-related organisations faces new challenges raised by the reform of the Temporary Agency Work Act (AUG) in 2017 and the judgement of the CJEU in the case of Ruhrlandklinik. The work of religious and the provision of workers by clerical public corporation might fall within the scope of application of Directive 2008/104/EC and require an interpretation of the national regulations in conformity with the Directive. The exemption clause for clerical public corporations (sec. 1 para 3 no. 2c AUG) has no equivalent in the Directive and can only be legitimated by primary EU law. The following article explains the reform of the Temporary Agency Work Act (AUG) with special regard to the church employment law. Particularly, it deals with the extension of the statutory maximum assignment period of agency workers.