Labor Law: Temporary Work – Rights in Case of Illness, Termination, and the Temporary Employment Act (AÜG)

How do you properly report sick leave when working as a temporary employee?

If you get sick, the first thing you need to do is notify your employer—that is, the staffing agency, not the client company. It’s best to notify the staffing agency by phone and then follow up with an email. Also notify the client company so they are aware of the situation and can potentially reassign your tasks to colleagues internally. Often, the staffing agency will also notify the client company.

Remember: Punctuality and reliability are also expected when you call in sick. This shows your employer that you know your rights and responsibilities and take them seriously.

What information must you provide to the hiring company, and when is a medical certificate required?

In Germany, all employees must submit a doctor's note no later than the third day of illness. Some companies require it as early as the first day of illness. Be sure to submit the doctor's note to the staffing agency by the deadline.

Since 2023, health insurance providers have often been sending sick leave data electronically directly to the employer. However, please make sure this has actually been done. This overview shows you what to do if you become ill and helps you avoid misunderstandings with the staffing agency and the client company.

Are temporary workers entitled to continued pay in the event of illness?

Temporary workers generally have the same right to continued pay in the event of illness as other employees. The legal basis for this is the Continued Pay Act. However, there is a special provision: During the first four weeks, the temporary staffing agency is not required to continue paying your salary if you are sick.

This four-week period is governed by Section 3 of the Continued Pay Act. In this case, your statutory health insurance will cover you. It will pay your salary for these four weeks so that you are not left without income, since the temporary staffing agency does not pay you during this time. You will receive sick pay starting on the first day of your illness in accordance with statutory provisions, ensuring that you are financially secure.

Employment Law – How Long Are You Paid If You're Sick, and Who Takes Over After That?

If you become ill, you are entitled to pay after the four-week period has expired. This applies to a sick leave period of up to 6 weeks. During your sick leave, your temporary staffing agency—that is, your employer—must pay you your full net salary, just as if you were actually working. In effect, this means that for up to six weeks of your sick leave, you will be paid your net salary without any deductions.

Maximum duration of continued pay: up to six weeks per instance of illness
Responsible for payment: Your staffing agency, as your official employer, regardless of the industry in which you are assigned
Basis for calculation: Average earnings over the last 13 weeks
After that: Sick pay from the health insurance provider (usually about 70 % of gross pay)

If your illness lasts for more than six consecutive weeks, your salary payments will be suspended. You will then continue to receive sick pay from your health insurance provider (usually about 70 % of your gross income). This provision applies to both temporary and permanent employees.

Who Pays in Case of Illness: The Temporary Employment Agency or the Client Company?

If you become ill, your salary is paid by your employer, the temporary staffing agency (the staffing provider). Under the contract with the temporary staffing agency, it is your legal employer. You do not receive a salary from the company where you are actually working (the client company); instead, the staffing agency pays a fee for the hours you work. So if you get sick, the staffing agency is responsible for paying your salary, not the client company.

What are the rules regarding continued pay in the temporary staffing industry?

The following points outline the conditions that apply to temporary work in the event of illness. Industry-specific considerations are also taken into account:

• Even if you are not currently on assignment but are employed by the temporary staffing agency on a permanent basis, you are entitled to continued pay in the event of illness.
• Even if you become ill between assignments, the staffing agency must continue to pay you for up to 6 weeks, provided your assignment lasts longer than four weeks.
• Temporary staffing agencies are required by law to comply with the regulations on continued pay—a violation of these regulations constitutes a violation of labor law.
• In the temporary staffing industry, collective bargaining agreements are often in place that guarantee a set wage level, even in the event of illness.
• The amount of continued pay corresponds to your contractually agreed-upon salary (e.g., 18 euros per hour for a 35-hour workweek).
• Even during periods when you are unable to work, the temporary staffing agency covers social security contributions, just as it does during regular operations. If the legal requirements are met, temporary workers receive financial protection.

These provisions ensure that temporary workers in Germany are legally and financially protected in the event of illness.

Can a temporary worker be terminated due to illness?

Termination during illness is a sensitive issue. In general, an employee can only be terminated under certain strict rules set forth in labor law. Temporary workers have the same protection against termination as any other employee. However, the statutory protection against termination (Unfair Dismissal Protection Act) only if the employment relationship has lasted longer than 6 months and the company employs more than 10 people.

If your probationary period (maximum 6 months) has not yet ended, or if the temporary staffing agency has fewer than 10 permanent employees, you can be terminated with the standard notice period, even if you are sick. This applies to every employee in Germany. Therefore, you can be terminated while on sick leave if your probationary period has not yet ended, since the Unfair Dismissal Protection Act does not yet apply in that case.

Is termination even possible?

If you are sick for a very long time or are constantly sick, the temporary staffing agency may consider terminating your employment. However, it must strictly adhere to the law, as labor law makes it very difficult to simply terminate an employee solely on the grounds of illness. Concrete evidence is required to terminate a temporary employee.

For example, if your absence caused major disruptions to operations or if you have a negative health prognosis. A few weeks of sick leave alone are not sufficient grounds for termination. On the other hand, long-term illness with no prospect of recovery can lead to the termination of your employment. However, you have rights in this situation as well: the right to a hearing and, in some cases, to severance pay. The termination could even be declared invalid.

Who can fire whom?

The client company (the company where you are assigned) cannot terminate your employment because it is not your employer. Only the staffing agency, as your employer, can terminate the employment relationship. And even the staffing agency cannot simply terminate your employment just because a client is dissatisfied or because you are sick. It must follow the rules. A fixed-term employment contract ends automatically on the agreed-upon date, even if you are sick. Early termination due to illness is only possible for good cause, even in the case of fixed-term contracts. So here’s what you need to remember: Illness in and of itself is not grounds for termination.

What are the legal regulations regarding illness in temporary employment?

Temporary work in Germany is strictly regulated by the Temporary Employment Act (AÜG). The AÜG ensures that temporary workers have the same rights as all other employees. Labor law as it applies to temporary work means that all relevant laws—such as the German Civil Code (regarding the employment contract), the Unfair Dismissal Protection Act, the Continued Pay Act, the Federal Vacation Act, and others—apply in exactly the same way as they do to directly employed workers. The Temporary Employment Act forms the legal basis for temporary work. It supplements general laws with specific provisions governing the temporary assignment of workers.

What specific provisions does the AÜG contain regarding sick leave, equal pay, and maximum duration?

The AÜG establishes key protections for temporary workers, including in the event of illness. Here is an overview of the most important points:

• Maximum assignment period: Temporary workers may be assigned to the same client for a maximum of 18 months (Section 1(1) of the Temporary Employment Act (AÜG)). After that, there must either be a break in the assignment or the client must hire you on a permanent basis.
• Equal Pay: After nine months of continuous employment, a temporary worker must receive the same salary as comparable permanent employees—including continued pay in the event of illness.
• Collective bargaining agreements may extend the equal pay grace period to up to 15 months; after that, the full comparable wage must be paid.
• Minimum Wage: Regardless of equal pay, at least the statutory minimum wage must be paid, even in the event of illness.
• Licensing Requirement: The staffing agency must have a valid permit from the Federal Employment Agency. Without it, the temporary staffing arrangement is illegal.
• Disguised temporary work (masquerading as a contract for services) is illegal and can result in fines of up to 30,000 euros.
• Direct Eligibility for Permanent Employment: If an employee is assigned illegally, the hiring company may be obligated to hire that employee (§ 9 AÜG).

Statutory regulations, such as the Temporary Employment Act (AÜG) and the Continued Pay Act, ensure that temporary workers are well protected under labor law. This applies in particular to protection in the event of illness, especially after 9 months of employment with the same client company.

What role do collective bargaining agreements (iGZ/BAP) play when temporary workers are sick?

In the temporary staffing industry, special collective bargaining agreements—concluded between employer associations (the Federal Employers’ Association of Personnel Service Providers, formerly BZA, and iGZ—the Association of German Temporary Staffing Companies) and the unions—often apply. Continued pay in the event of illness is not excluded under the collective bargaining agreement. Rather, temporary staffing agencies that are bound by collective bargaining agreements are obligated to pay at least what is provided for by law and the collective bargaining agreement.

What are the benefits of collective bargaining agreements in the event of illness?

Some collective bargaining agreements in the temporary staffing industry offer additional one-time payments or vacation pay that continues to be paid even if you are sick, which can help improve your financial situation.

• Notice periods during the probationary period may be governed by collective bargaining agreements, for example, set at two weeks, which corresponds to the statutory minimum standard.
• Collective bargaining agreements ensure consistency across the industry and apply to all temporary workers, regardless of their work location.
• The iGZ-DGB collective bargaining agreement includes so-called industry-specific bonuses—these increase based on the duration of the assignment (e.g., after 6, 9, or 15 months) and affect the amount of continued wage payments.
• The bonuses also apply in the event of illness, since they are part of your current salary—this ensures equal pay.
• Collective bargaining parties ensure that temporary workers are treated fairly—whether in terms of pay, bonuses, or notice periods.
• Your rights in the event of illness remain fully protected under the Temporary Employment Act (AÜG) and the Continued Pay Act, regardless of the collective bargaining agreement.
• The Employment Agency regularly monitors temporary staffing agencies' compliance with collective bargaining agreements and legal requirements.

Ask your staffing agency specifically about the applicable collective bargaining agreement—such as the iGZ-DGB or BAP-DGB—so that you know exactly what your rights and entitlements are in the event of illness.

How common is temporary work in Germany?

Temporary work plays an important role in the German labor market. A recent study underscores this with figures: According to Statista In 2023, an average of about 800,000 workers were employed in temporary work in Germany. That was about 2 % of all employees. These figures show that temporary workers represent a significant group. Hundreds of thousands of people are therefore employed under temporary staffing arrangements and are subject to the aforementioned rules.

How does Zeitarbeit International support you as a company?

Zeitarbeit International is an experienced staffing agency. We support both employees and companies in all matters related to temporary work. This also includes handling cases of illness. For companies that use temporary workers, we offer the advantage of being able to quickly provide replacements in the event of absences. We handle all administrative tasks, from continuing to pay the sick employee’s wages to arranging a new assignment after they’ve recovered. Your benefits as a client: less hassle and no risk, because we handle everything correctly behind the scenes and in accordance with labor law.

How does Zeitarbeit International support you as an employee?

For temporary workers themselves, Zeitarbeit International is a reliable employer. You can be sure that all legal requirements—such as continued pay in the event of illness—are met. In addition, the Zeitarbeit International team is happy to advise you if anything is unclear: How do I submit a sick leave notice? What are my entitlements if I’m out of work for an extended period?

Here you’ll find answers and support. Many of our employees come from abroad, mostly from Eastern Europe. We ensure that German standards apply to them from day one (including health insurance and continued pay). Zeitarbeit International is here to support you as your partner.

Conclusion

As a temporary worker, you don’t have to worry about being disadvantaged if you get sick. You are entitled to continued pay from your employer for up to 6 weeks—followed by sick pay from your health insurance provider—and protection against termination, just like all other employees (after 6 months of employment). It’s important that you know your obligations: Submit your sick leave notice in a timely manner and provide medical certificates. Then everything is legally covered.

Temporary work is more employee-friendly today than ever before, and reputable temporary staffing agencies guarantee your rights in the event of illness. If you have any further questions, we’d be happy to advise you—please don’t hesitate to, professional support to take advantage of.