Pregnancy information in temporary employment: What happens at the end of the assignment and during maternity leave?
What temporary employment agencies and companies absolutely need to know
Pregnancy brings with it special protective provisions under labor law. In the case of temporary employment, the situation becomes even more interesting: the employee is employed by the temporary employment agency but works for the client company.
So what happens if a pregnancy is discovered during a temporary assignment? Can the assignment be terminated? What happens to the employment relationship?
If the employer terminates the assignment of an employee, this does not, in principle, end the employment relationship with the temporary work agency .
The employee remains employed by the temporary work agency. A period without assignment – a so-called standby period – may occur, or an absence agreement may be reached.
This is particularly important in the case of a pregnant employee. The termination of the assignment must not be confused with the termination of the employment relationship.
What happens if the employer terminates the temporary assignment?
An employee informs the temporary employment agency of her pregnancy. Due to the nature of her work, she can no longer perform certain tasks. The client company therefore terminates the assignment.
This makes only one thing clear at first:
The temporary assignment ends. The employment relationship with the temporary work agency continues.
Now it must be examined whether
the previous activity is still permissible
the activity can be adapted,
is another suitable employment option available or
A period without transfers arises.
According to §15 MSCHG (Maternity Protection Act), the temporary employment wage is also payable for the period of the deferral, except in the case of a change of employment.
Note: This article is for general information purposes only and does not replace individual legal advice regarding employment law. In specific cases, particularly concerning employment bans, terminations, or disputed wage claims, the individual case should be reviewed by a lawyer.
Comments