The meat industry fails in the Federal Constitutional Court with a lawsuit

Due to numerous scandals, new rules have been in force for the meat industry since April 2021: temporary work is hardly possible. On the other hand, temp agencies and a sausage manufacturer had lodged a complaint – without success.

Temporary work remains prohibited in the meat industry. The Federal Constitutional Court has made this clear. The decision is not a surprise. The complaints had already failed in summary proceedings. The new rules for the meat industry must therefore continue to be observed. The complaining companies had turned to the Federal Constitutional Court because they saw their fundamental right to freedom of occupation violated – also an unjustifiable unequal treatment with other industries.

Complaint not admitted for formal reasons

The Federal Constitutional Court rejected 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.

Total ban on temporary work from April 2023

The constitutional complaints therefore ultimately failed. Therefore, the so-called prohibition of external personnel 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 – so-called – freelancers or external contractors. And: Temporary work in the meat industry will be completely banned from April 2023.