Common use of Use of outside labour Clause in Contracts

Use of outside labour. 1. The enterprise shall limit the use of loaned or assigned employees to the equilibration of peak workloads or otherwise to functions that are so limited in duration and nature that they cannot be performed by the employees of the enterprise due to the urgency of the work, its limited duration, its vocational requirements, special equipment requirements or other corresponding factors. Leasing of labour shall be considered unhealthy if the loaned employees assigned by the various enterprises that procure the labour perform the normal work of the enterprise alongside its permanent employees and under the same management for an extended period. It is possible to locally agree differently on the use of leased labour. The general agreement concluded between the federations shall be observed as part of this collective agreement. 2. Service agreements shall not be formulated as contracts between independent entre- preneurs when the true nature of the relationship is that of an employment contract.

Use of outside labour. 13. The enterprise shall limit the use of loaned or assigned employees to the equilibration of peak workloads or otherwise to functions that are so limited in duration and nature that they cannot be performed by the employees of the enterprise due to the urgency of the work, its limited duration, its vocational requirements, special equipment requirements or other corresponding factors. Leasing of labour shall be considered unhealthy if the loaned employees assigned by the various enterprises that procure the labour perform the normal work of the enterprise alongside its permanent employees and under the same management for an extended period. It is possible to locally agree differently on the use of leased labour. The general agreement concluded between the federations shall be observed as part of this collective agreement. 24. Service agreements shall not be formulated as contracts between independent entre- preneurs when the true nature of the relationship is that of an employment contract.