Temporary workers generally have a right to equal pay and the same working conditions as the permanent staff of a company. However, this right is often not enforced in practice.
A waiver of claims in a termination agreement drafted by the employer is subject to a review of its content under Section 307 of the German Civil Code (BGB). If such a waiver is included in a standard termination agreement that is concluded to avoid an extraordinary dismissal threatened by the employer, this waiver unfairly disadvantages the employee in the sense of Section 307 (1), (2) No. 1 BGB if a reasonable employer should not have seriously considered the threatened dismissal.
Employees who violate statutory or contractual non-compete provisions may face unpleasant consequences. However, the employer must consider that even in cases of serious breaches, a formal warning is often required before taking further action.
