Arbeitgeberähnliche Pflichten des Dritten in arbeitsrechtlichen Dreieckskonstellationen

The “Albron”-decision of the ECJ, the draft law of the Federal Ministry of Labour and Social Affairs regarding the Amendment of the Act on Temporary Employment and various discussions regarding the misuse of contracts of work in triangular employment all prove one thing: Triangular employment relationships are highly topical. In Germany as well as on the European level, it has been widely acknowledged that triangular employment relationships can contain specific risks. This in turn led to the creation of German and European laws imposing obligations on a third party akin to that of an employer.
The author analyses whether a third party has employer obligations regarding the employee, which go beyond the aforementioned statutory obligations and concentrates on the following questions:
• Could a third party be obliged to settle employee claims for payment? and
• Are legal protections against unfair dismissal relevant for a third party?