Welcome to Staff-Leasing-Germany, an information offering by the HK2 Rechtsanwälte law firm in Berlin!

Here we offer international organizations information about temporary employment (staff leasing, labor leasing) and personnel assignments in Germany. We provide an overview of the legal framework and the related challenges that may arise when deploying personnel in Germany.

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License

Denial or revocation of the license

The fact that a license to operate a temporary employment agency was issued does not necessarily mean that the license will be valid forever. Several scenarios are conceivable that can cause the license to expire (read more…). Apart from subsequent expiry of the license, a license can also be denied from the very outset, its…

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License

Features of the license

The license to operate a temporary employment agency is granted to a specific person or legal entity and is not transferable. The license is then valid for all branch establishments or branches of the license holder. Various events affecting the holder of the license can therefore also have an effect on the license.   Death…

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License

Application for a license to operate a temporary employment agency

A license is required in order to operate a temporary employment agency in Germany. This applies to individuals, associations without legal personality and communities of heirs, i.e. so-called groups of persons, partnerships, such as general partnerships (‘OHG’) and limited partnerships (‘KG’) as well as legal entities, such as public limited companies (‘AG’) or private limited…

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Temp Work

Industry surcharges pursuant to the collective agreement for industry surcharges for the metal and electrical industry (TV BZ ME)

As a precondition for the temporary employee’s entitlement to industry surcharges under a collective agreement for industry surcharges (TV BZ), the respective TV BZ must be applicable to the specific temporary employee. At present, the TV BZs are only relevant for temporary employees in industrial companies. (read more…) The following explanations are based on the example of the…

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Temp Work

Overview – Collective agreements on industry surcharges

The following collective agreements on industry surcharges are currently in effect: Collective agreement on industry surcharges for temporary employees in the metal and electrical industry (TV BZ ME) Collective agreement on industry surcharges for temporary employees in the chemical industry (TV BZ Chemie, as of 1 November 2012) Collective agreement on industry surcharges for temporary employees…

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Temp Work

Meal allowances

Meal allowances are designed to compensate for the additional costs that a person incurs because they are away from their home and first place of work for professional reasons and therefore have higher catering costs compared to meals at home.   Practical tip Although meal allowances can be freely agreed in the contract, meal allowances…

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Temp Work

Equal treatment and equal pay

Temporary employees must be treated in the same way as the permanent employees in the hirer’s company (so-called regular employees). This right to equal treatment results from sec. 8 (1) sentence 1 of the German Act on Temporary Employment (AÜG, Arbeitnehmerüberlassungsgesetz) and applies to all essential working conditions. Equal pay is a subset of equal treatment. If…

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Temp Work

Working time and working time accounts

The hours a temporary employee is obliged to work can be freely agreed with the employer. However, working hours must comply with the provisions of the German Working Hours Act (ArbZG, Arbeitszeitgesetz). The Working Hours Act provides, for instance, that the employee may not work more than eight hours a day on average, but the…

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