Arbeitnehmerüberlassung beim Arbeitskampf im Entleiherbetrieb

It is in the interest of every employer to continue operational procedures throughout an industrial dispute. In order to achieve this, employers have historically deployed temporary workers as strikebreakers, among other tactics. The legislator has deprived employers of this legal opportunity through the amendment of Section 11 (5) of the Temporary Employment Act (AÜG). In view of the legal motives that were hereby set out, this thesis will thoroughly examine the industrial dispute law concerning temporary workers as well as undertake an in depth analysis of the compatibility of this legal position with higher ranking laws. Further, a detailed examination will be undertaken of the legal prerequisites, scope and consequences of the recently introduced Prohibition of Employment, as well as the upheld right to withhold performance.