Temporary work remains prohibited in the meat industry. The Federal Constitutional Court made that clear. The decision comes as no surprise. The complaints had already failed in the summary proceedings. The new rules for the meat industry must therefore continue to be observed. The plaintiff companies had turned to the Federal Constitutional Court because they saw their basic right to freedom of occupation violated – also an unjustifiable unequal treatment with other industries.
Complaint not admitted for formal reasons
The Federal Constitutional Court dismissed their complaints on formal grounds: The companies should have explained in much more detail why they are affected by the new rules and to what extent the conditions in the construction industry or in agriculture are comparable, so that the meat industry is unacceptably disadvantaged in general is conceivable.
Complete ban on temporary work from April 2024
The constitutional complaints have thus finally failed. Therefore, the so-called external personnel ban continues to apply. This means that only regular employees are allowed to slaughter, butcher and process meat. It is no longer possible to have the work carried out by – supposedly – self-employed persons or external contractors. And: Temporary work in the meat industry will be completely banned from April 2024.