Annahmeverzug im Personalverleih – Delay in acceptance in employee leasing

Today we dedicate ourselves to a topic that repeatedly confuses our clients: the delay in acceptance (Annahmeverzug). Our business of employee leasing, Personalverleih in German, is a triangular relationship consisting of client, iET (employer) and employee. Our client would like to work with a person. We employ said person and lend him or her out to the client. The most important word here is: employ. iET hires employees for the duration of the project, which means that we take on the role of employer. Being an employer comes with many rights and obligations towards the employee. Our work is subject to the law on employee leasing and Swiss labor law / Arbeitsrecht Schweiz. Being in the business we are in, we are also subject to the Framework Agreement / Gesamtarbeitsvertrag covering Employee Leasing / Personalverleih. 

Our clients are often not aware that we are an employer in the classic sense. We notice this particularly well when we are faced with the problem of Annahmeverzug (a wonderful word in the German language).

What is delay in acceptance? I will give you a simple example. A client signs a contract with iET for an employee of iET to start on Monday. The employee receives an employment contract from iET with a start date of Monday. All administrative work is done, the registrations with the pension fund and AHV are complete. The employee goes to bed early on Sunday in order to be fit and alert on Monday. Party days are numbered…

On Monday morning the Line Manager at the client company notices: the laptop is not yet here. The employee is sent back home: “No biggie. Why don’t you come back Wednesday, I’m sure your laptop will be here by then.”

What has happened here: The employee is present and ready to work per the client’s request, but no work can be assigned to the employee. In this situation, the law stipulates that the employer (iET) must pay the salary, even if the employee does not perform any work. In order to pay the employee a salary, we must send an invoice to the client. That’s how employee leasing works: work one day, invoice one day, pay one day.

If the client wants our employee to start on Monday and signs a contract that says the same thing, and the employee shows up on Monday, then the client has to pay for the time the employee offers his or her work but the client is unable to provide work. Again it comes down to that triangular relationship: iET as the employer, the employee and the client: we all agreed that Monday is the day.

The delay in acceptance does not apply if all parties (iET as the employer, employee and client) agree that the start should be postponed.

It’s a difficult issue. However, proactive communication between all parties leads to a good solution in 99% of cases. Like in every relationship, communication is the key to success. And in general: good planning makes life a lot less stressful. Reach out to our Admin Team if you have questions on the topics of delay in acceptance (Annahmeverzug), employee leasing (Personalverleih), the framework agreement we are under (Gesamtarbeitsvertrag Personalverleih) or Swiss labor law in general (Arbeitsrecht Schweiz).

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