Hamburg Finance Court allows the use of work contracts and temporary work in meat operations again

There is light on the horizon for work contracts and temporary work in the meat industry!
With the entry into force of § 6a GSA Fleisch, the use of external personnel on the basis of contracts for work and services was prohibited from 01.01.2021 and on the basis of temporary work from 01.01.2021. BUT it is now clear that not all meat processing companies are subject to this ban! By decision of May 20.05.2021, 4 (Az .: 33 V 21/XNUMX), the Hamburg Finance Court determined in interim proceedings when a company as a "meat industry company" is subject to the general prohibition of work contracts and temporary work and which production areas are not subject to the prohibition are included, even if the company as a whole falls under the scope of the GSA meat. For the sausage manufacturing company making the application, it was determined that this is not a "meat industry company" and is therefore not subject to the ban.

For meat processing companies that do not want to burden their employees with unpredictable overtime and have to be flexible in terms of personnel deployment in order to meet the growing demands of the retail trade and not fear high contractual penalties, there is now a clear guide. These companies can establish with legal certainty whether they, as “meat industry companies”, are subject to the ban and even then, in which departments they are still allowed to use external personnel.
For contractors and personnel service providers, there is also the option of reactivating business areas that have been lost. They can approach their previous clients and hirers again and offer flexible personnel solutions for the barbecue season that is coming soon. Furthermore, there is the possibility of opening up new business areas that were occupied by competitors before they came into force. Here, too, it will depend on the individual operational conditions in the client's company. The only restriction for contractors and temporary employment agencies is that they are not allowed to use their employees primarily in the meat processing sector. In practice, however, there should be a wide range of possible uses.

With its interim decision, the Hamburg Finance Court opens up new options for many companies in the meat industry. Those affected must now actively seize this opportunity for themselves.

If you have any questions or require further information, please contact:
Law firm Prof. Dr. Tuengerthal, Andorfer, Greulich and Prochaska M 7/3 (Alte Reichsbank), 68161 Mannheim
Tel .: 0621 - 391 80 10-0, Fax: 0621 - 391 80 10-20
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