Die Festhaltenserklärung des Leiharbeitnehmers bei der illegalen und der verdeckten Arbeitnehmerüberlassung

As part of the amendment to the German Temporary Employment Act in 2017, the legislator introduced a right to remain with the existing employer. It enables temporary employees to avert a legally ordered change of employer if they are illegally assigned to third parties. This is intended to resolve the conflict with the temporary employee's freedom of occupation. The study is focusing on whether the legislator has succeeded in this regard. Thereby not only the right to remain itself, but also the newly established prohibition of concealed supply of temporary employees is under scrutiny. The regulations are comprehensively analysed on the level of ordinary law as well as constitutional law.