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in the event of a third and subsequent violation – as is the case under<br />

existing legislation – does a 12-week suspension come into effect.<br />

Introduction of Personnel Service Agencies<br />

(PSAs)<br />

To make greater use of temporary work as an instrument of job<br />

placement, personal service agencies (PSAs) are to be set up<br />

throughout Germany. <strong>The</strong> Federal Employment Service is now<br />

committed to setting up at least one PSA in every employment<br />

office region. As a priority, the PSAs are to be awarded in<br />

accordance with competition law. <strong>The</strong> aim of the PSAs is to take on<br />

unemployed people on the basis of contracts entered into with the<br />

employment office in order to hire them temporarily. <strong>The</strong> PSA is<br />

forbidden from hiring out the unemployed to their previous<br />

employer.<br />

When it comes to deciding which unemployed people are to be<br />

taken on by the PSA, this has to be done in accordance with<br />

regional structures and special regional features, and is to be<br />

hammered out and agreed between the employment office and the<br />

PSA. Since the Federal Employment Service is bound by the basic<br />

principles of commercial efficiency, other job-placement<br />

instruments will be used in preference if it is predicted that these will<br />

quickly lead to employment outside the remit of the personal<br />

service agency.<br />

<strong>The</strong> level of pay within the PSA is geared to the new provisions of<br />

the German Act on Temporary Employment (see section<br />

immediately below). Until this comes into force on 1 January 2004,<br />

it must be ensured that pay and employment conditions are in line<br />

with the collective agreements for the temporary employment<br />

sector. Within the PSA, the unemployed are accordingly given a<br />

contract of employment, a guarantee of fair pay and statutory<br />

national insurance cover.<br />

Modernisation of the Regulations on<br />

Temporary Employment<br />

In order to promote the incidence of temporary employment in<br />

Germany, the regulations of the German Act on Temporary<br />

Employment have been revised. From 1 January 2004, these will<br />

apply both to commercial temporary employment and the newlyfounded<br />

PSAs.<br />

This, therefore, meets all basic demands of the casual employment<br />

sector in terms of bringing about greater flexibility – some of which<br />

have been around for a long time – whilst guaranteeing fair<br />

conditions of work for employees. <strong>The</strong> Federal Government is<br />

convinced that temporary labour must also be made more attractive<br />

for employees if it is to trigger palpable employment effects. In<br />

harmony with the intentions of the European Directive on<br />

Temporary Employment, currently being discussed at the Council<br />

of Ministers, temporary workers will, in future, be entitled to<br />

receive equal treatment on a par with the employees of the hiring<br />

firm during the period of their hire. It is possible to deviate from the<br />

principle of equal treatment in two cases: when unemployed people<br />

have been taken on during the first six weeks of their employment<br />

with the hirer, and if there is a collective agreement generally that<br />

provides for different rulings.<br />

<strong>The</strong> management and the unions are required to conclude collective<br />

agreements in the year ahead for the PSAs that take account of the<br />

Overall Developments<br />

different requirements of PSA employees and thus, in particular,<br />

give those unemployed people for whom it is difficult to find work a<br />

chance of getting a new job in the first labour market. <strong>The</strong> Federal<br />

Government is convinced that management and unions are aware of<br />

the implications of their decisions on employment policy, and that<br />

they will take on the responsibility this brings as a result.<br />

Realignment of training support<br />

On account of the overwhelming demand for skilled personnel in<br />

the labour market, the chances of unemployed people finding new<br />

work essentially depend on their qualifications. For this reason,<br />

measures have been taken to optimise the way training support is<br />

given. Overall, the right to training support is being simplified.<br />

Rulings that unnecessarily restrict the employment offices’ room for<br />

manoeuvre or are detrimental to the initiative of individuals seeking<br />

training and, above all, prevent competition between the training<br />

bodies, will be scrapped.<br />

At the heart of these new regulations lies the introduction of new<br />

training credits for employees for whom the employment office has<br />

established a training requirement. As a rule, employees will be free<br />

to use their training credits among the licensed training measures or<br />

training bodies.<br />

In addition, the review of the criteria for training bodies and<br />

measures has been re-assessed. Under the previous legislation, it<br />

was exclusively the employment office that decided on both the<br />

individual support for those involved and the recognition of the<br />

bodies and, therefore, in effect, on support of just one specific<br />

training body. Sometimes, this severely impaired competition<br />

between the training providers. With the future external expert (i.e.<br />

certification agencies) review of the quality criteria imposed on<br />

bodies, whose expertise must be determined by accreditation by an<br />

office at Federal level, the employment offices will have their<br />

workloads cut. In addition, this – coupled with the introduction of<br />

training credits – will ensure greater objectivity and more<br />

competition.<br />

Measures designed to integrate older employees<br />

Within the meaning of the aims of the European Employment<br />

Strategy, older employees constitute an explicit target group for the<br />

Acts on Modern Services in the Labour Market. Various measures<br />

specific to this target group are being taken.<br />

On the “supply side”, a combined wage model – the “pay guarantee<br />

for older employees” – is to be introduced for employees who have<br />

reached the age of 50. This wage-supplementing payment, to which<br />

they are legally entitled, comprises two components. Firstly, it<br />

involves a grant of 50% of the “net difference in the pay” between<br />

the job they had before and after they were unemployed, if they<br />

accept a job on lower pay. <strong>The</strong> pay subsidy is not subject to tax or<br />

social security contributions. Secondly, the old age pension of older<br />

employees, reduced on account of the new pay, is partly restored<br />

through increased insurance in the statutory retirement pension<br />

scheme. <strong>The</strong> pension contributions are increased to 90% of<br />

contributions that were paid in the previous position. <strong>The</strong> wageguarantee<br />

payments are only given to older unemployed<br />

individuals, who have a (remaining) claim of at least 180 days or – in<br />

the event of an employee threatened with unemployment – would<br />

have had such a claim. <strong>The</strong> pay guarantee is given, at most, for the<br />

duration of the entitlement to unemployment benefit. To avoid<br />

Spring 2003 | European Employment Observatory Review 13

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