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The rules for working with flex workers have been tightened in recent years. Flex workers gain co-determination rights more quickly, agency workers accrue pension sooner, and stricter on-call and contract rules apply. Those who work with flex workers would do well to adapt their contracts and policies accordingly.
Flex workers and employee participation
Flexible workers are counted towards employee participation sooner. The thresholds for obtaining active and passive voting rights for the Works Council have been lowered, so that agency workers and other flex workers are counted and participate in decision-making sooner. Take this into account when composing your Works Council.
Faster retirement for temporary workers
Temporary agency workers accrue pension faster than before: the waiting period before pension accrual begins has been shortened. If you work with temporary agency workers or are an agency, check whether the pension scheme has been adjusted accordingly. (The exact terms and conditions may change; check the current scheme.)
Stricter on-call and contract rules
Stricter rules apply to on-call and zero-hour contracts, such as a notice period and the obligation to offer fixed hours after a certain period. The chain rule and the notification obligation also remain important. Ensure that your flexible contracts meet current requirements.
Adjust your contracts and policies
The common thread: flex is being more strictly regulated and flex workers are gaining more rights. Have your on-call, temporary agency, and employment contracts, as well as your personnel policy, reviewed periodically to ensure you comply with the rules and avoid surprises.
Frequently Asked Questions
Do flex workers count towards the works council?
Yes, and faster than before: the thresholds for voting rights have been lowered, so that flex workers count sooner.
When do temporary workers accrue pension?
Faster than before; the waiting period has been shortened. Check the current deadlines and your pension scheme.
What do I need to arrange for on-call workers?
This includes, among other things, a notice period and, after a certain period, an offer for fixed hours. Ensure your contracts comply with current regulations.
Want to get your flexible contracts in order?
Our legal experts draft on-call contracts or employment agreements that comply with current regulations. View our employment lawteam or schedule a free consultation.
