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Source: The Federal Constitutional Court

Press release No. 109/2020 of December 30, 2020 Resolutions of December 29, 2020 – 1 BvQ 152/20 and others

The 3rd Chamber of the First Senate of the Federal Constitutional Court today rejected several applications for temporary injunctions intended to prevent parts of the Act to Improve Enforcement in Occupational Safety (Arbeitsschutzkontrollgesetz), promulgated on December 30, 2020, from coming into force on January 1, 2021 to step. They concern a new regulation which prohibits the companies of the meat industry from the employment of external personnel on the basis of work contracts in the area of ​​the slaughtering, cutting and meat processing in their enterprise from January 1st. A cooperation ban applies to the management of a company. In addition, from April 1, 2021, the employment of external personnel in temporary work is only permitted until April 1, 2024 under special conditions and is then also prohibited in this sector.

The urgent applications were submitted by an individual who is employed by a service contract company and who performs orders in these areas of the meat industry within the framework of service contracts, several service contract companies and a company for temporary work that are primarily or only active in this sector, as well as several companies in the meat industry, who have primarily used external staff in these areas so far. They took the view that they would suffer serious disadvantages that could be difficult or impossible to repair if the ban on external staff came into force on January 1, 2021. The 3rd Chamber of the First Senate did not follow suit. More detailed justification is given separately in accordance with Section 32 (5) BVerfGG.


EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

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