Module 122 min2646 wordsFree — no account
When agency work applies, who needs a licence and how long an assignment may last
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 195 words · 2 min
Practical case
How long may the warehouse helper stay?
A beverage wholesaler with no works council and no collective agreement uses a warehouse helper through lender A from 1 February 2025 to 31 October 2025, nine full months. After a break from November 2025 to January 2026, she returns through lender B on 1 February 2026. Up to which day may the wholesaler let her work as an agency worker?
Hint: First check whether the break is longer than three months. Then count the months that are credited up to the statutory limit.
Show the solution
The break covers November, December and January, exactly three months. That is not more than three months, so the nine months through lender A are counted in full under section 1(1b) sentence 2 AÜG, even though the lender has changed. Nine months remain up to the 18-month limit. Counting from 1 February 2026, the permitted assignment ends at the close of 31 October 2026. Without a collective agreement or a works agreement there is no route to a longer maximum. From 1 November 2026 the wholesaler can only employ her as its own employee.
Answer: Until 31 October 2026, after that only as its own employee
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