Upcoming changes to the ABU Collective Labour Agreement July 1st 2023

Some adjustments have been made to the Collective Labour Agreement for Temporary Agency Workers (ABU) which will be implemented as of July 1st, 2023.  Below we have provided a summary of the changes:

Incapacity for work

The disability provision (article 15, paragraph 1) will be amended. The clause defining that the agency work employment contract with agency clause automatically ends in case of the temporary agency worker calling in sick will be deleted. This means that illness will no longer be considered the end of the assignment, so a temporary agency employment contract will remain in effect if the temporary worker becomes ill. The contract will continue until the agreed upon end date, just as for an agency work employment contract without agency clause.

In the event of incapacity for work, the temporary worker with an agency work employment contract (with and without agency clause) will, for the remainder of the term of the agency work employment contract, be entitled to:

• 90% of the time-based wage for the first 52 weeks of incapacity for work and at least the applicable statutory minimum wage.

• 80% of the time-based wage for the period from the 53rd week through the 104th week.

In addition, only one waiting day, instead of two, will now be applicable.

Legal Position

Article 10 (1d) will be amended so that an agency work employment contract (with and without agency clause) that follows a previous agency work employment contract with the same user company can only be entered into for a minimum term of four weeks.

User Company Remuneration

The user company remuneration will be expanded as of July 1st, 2023 to include the following elements:

• Allowances: the temporary agency worker is entitled to all applicable allowances;

• Expense allowances: the user company remuneration has been expanded to include all expense allowances associated with employment.

Pension

The waiting period will be completely abolished. This means that all employees aged 21 and older will be registered with StiPP immediately upon commencement of employment.

If you have further questions about the changes to the CLA please contact one of our offices or visit the official ABU website for more information.