Unlike in other industries, there is no specific regulation for temporary work, or rather. Temporary Employment There are quite strict legal restrictions and requirements in the construction industry. Find out here how you can still successfully manage temporary staffing in the construction industry.
Is temporary work permitted in the construction industry?
In principle, the answer to this question is yes! However, there are several restrictions to keep in mind that do not apply in other industries.
Temporary work in the construction industry—as in all other industries—is governed by the Temporary Employment Act (AÜG). It says there, that „temporary employment as defined in Section 1 is not permitted in construction companies (…)". In other words: Temporary staffing—or temporary work—in the construction industry is not permitted through the conventional method—that is, when a company hires workers from a staffing agency outside the industry.
However, there are exceptions that make temporary work in the construction industry possible nonetheless. More specifically, temporary work in the construction industry is only possible if both the client company and the staffing agency are active in the construction industry.
However, temporary staffing is only possible between two companies that fall within the same construction wage category. There are five such construction wage categories in the construction industry:
- Demolition Industry
- Construction Industry
- Scaffolding Industry
- Roofing Trade
- Gardening and Landscaping
Thus, the temporary assignment of workers is only permitted between demolition companies, between scaffolding companies, and so on—not across different sectors within the construction industry.
Warning: Heavy fines for violations
In the context of temporary staffing in general—but especially in the construction industry—there are hefty fines if legal requirements are not met. Depending on the case, these can amount to as much as 500,000 euros amount to. It is therefore absolutely necessary to comply with all legal requirements.
What are the advantages of temporary work in the construction industry?
Although there are quite a few requirements for temporary work in the construction industry, it can still be worthwhile to use temporary workers in this sector. The advantages of temporary work, or employee leasing, include:
1. Flexibility
The biggest advantage of temporary work is certainly its high level of flexibility. Unlike traditional employment models, companies can respond quickly to spikes in demand or seasonal fluctuations. Temporary work also offers the opportunity to bridge staffing shortages on short notice without entering into long-term commitments.
2. Cost-effectiveness
In addition, temporary work is very cost-effective: Companies save on the costs of time-consuming recruitment campaigns, onboarding, and HR administration, since these processes are handled by the temporary staffing agency.
3. Access to Skilled Workers
Temporary staffing gives companies access to a broad pool of qualified professionals. Especially in times of labor shortages, companies benefit from being able to quickly and easily find staff with the necessary skills. Temporary staffing is also an efficient solution for short-term projects or specialized tasks, bringing expertise into the team that would otherwise be difficult to find.
Conclusion: Is temporary work in the construction industry worth it?
While other industries—such as the IT, the Logistics While the service sector and agriculture have long relied on temporary workers—and do so frequently—the situation is somewhat more complicated in the construction industry. There, temporary staffing is subject to certain requirements that do not apply in other industries.
Nevertheless, temporary work is possible in the construction industry and can definitely be worthwhile—especially for filling in for staff absences on short notice. This ensures that projects can still be completed on time.
To avoid penalties, it is very important to comply with all legal requirements. To this end, it is advisable to seek advice from an experienced staffing agency.
Zeitarbeit International – Your Reliable Staffing Agency for Temporary Workers from Eastern Europe
We at Zeitarbeit International, an experienced staffing agency for Temporary Employment in Eastern Europe, we have many years of experience in this industry. Our team will be happy to advise you and answer all your questions about temporary staffing in general, as well as those specific to the construction industry. We can also provide you with a non-binding quote within one business day and guide you through every step of the temporary staffing process—from selecting workers to arranging on-site housing and meals.
FAQ: Frequently Asked Questions About Temporary Work in the Construction Industry
Yes, temporary work in the construction industry is permitted—but only under certain conditions. The Temporary Employment Act (AÜG) generally prohibits traditional temporary staffing in the construction industry. It is permitted only if both the borrowing and the lending companies operate within the same construction wage category.
There are five construction wage categories: demolition, general construction, scaffolding, roofing, and gardening and landscaping. Temporary staffing is permitted only within the same collective bargaining sector—that is, from the scaffolding sector to the scaffolding sector, from the roofing sector to the roofing sector, and so on. Cross-sector temporary staffing within the construction industry is not permitted.
Violations of the requirements governing temporary employment in the construction industry may result in fines of up to 500,000 euros. In addition, the contracts may be invalid, and the employee may have direct claims against the hiring company. A thorough legal review before the start of the collaboration is therefore essential.
Despite the stricter requirements, temporary work in the construction industry offers the same core benefits as in other sectors: high flexibility during peak periods and seasonal fluctuations, cost savings in recruiting and HR administration, and quick access to qualified skilled workers—which is particularly valuable during times of labor shortages.
No. A staffing agency outside the industry—that is, a company that does not itself operate within the same construction wage category—may not provide temporary workers to construction companies. Temporary staffing is permitted only between two companies that are both active within the same construction wage category. Alternatively, recruitment services or a contract for services are possible, provided the respective requirements are met.
Temporary staffing in the construction industry is particularly well-suited for short-term staff absences (illness, vacation), seasonal spikes in demand, time-limited special projects, and bridging bottlenecks caused by a shortage of skilled workers. The goal is to ensure that construction projects can be completed on time despite staffing shortages.