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Temporary Agency Contract for Germany

Temporary Agency Contract Template for Germany

This document is a comprehensive Temporary Agency Contract (Arbeitnehmerüberlassungsvertrag) governed by German law, specifically compliant with the Arbeitnehmerüberlassungsgesetz (AÜG) and related German labor regulations. It establishes the legal framework for temporary staffing arrangements between a licensed temporary work agency and a hiring company, detailing the terms of worker deployment, equal treatment provisions, maximum assignment durations, and respective responsibilities of all parties. The contract incorporates mandatory German labor law requirements, including working time regulations, social security provisions, and workplace safety obligations.

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What is a Temporary Agency Contract?

The Temporary Agency Contract serves as the foundational agreement for temporary staffing arrangements in Germany, establishing the legal relationship between a licensed temporary work agency (Verleiher) and a hiring company (Entleiher). This document is essential when companies require flexible workforce solutions while ensuring compliance with German labor laws, particularly the Arbeitnehmerüberlassungsgesetz (AÜG). It is used to define the scope of temporary staffing services, specify worker qualifications, establish payment terms, and ensure adherence to equal treatment principles. The contract addresses critical aspects such as maximum assignment durations, worker rights, workplace safety responsibilities, and compliance requirements under German jurisdiction. It's particularly relevant for businesses experiencing seasonal fluctuations, special projects, or temporary skill gaps in their workforce.

What sections should be included in a Temporary Agency Contract?

1. Parties: Identification of the temporary work agency (Verleiher), the hiring company (Entleiher), and details of their respective business registrations and AÜG licenses

2. Background: Context of the temporary staffing arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific German legal terminology

4. Scope of Services: Description of temporary staffing services, including the number of temporary workers, their qualifications, and intended roles

5. Duration of Assignment: Term of the agreement and maximum assignment duration in compliance with AÜG (18 months unless otherwise specified in applicable collective agreements)

6. Equal Treatment Provisions: Confirmation of equal treatment (Equal Pay/Equal Treatment principle) after 9 months as per AÜG requirements

7. Rights and Obligations of the Agency: Agency's responsibilities including worker selection, substitution rights, and maintaining required licenses

8. Rights and Obligations of the Hiring Company: Client company's duties regarding workplace safety, supervision, and integration of temporary workers

9. Working Hours and Location: Specified working hours, location, and any shift arrangements

10. Remuneration and Billing: Hourly rates, overtime provisions, and billing procedures

11. Compliance and Documentation: Requirements for maintaining records and ensuring compliance with AÜG

12. Termination: Termination provisions and notice periods

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Temporary Agency Contract?

1. Collective Agreement Provisions: Required when specific collective agreements apply to the temporary work arrangement

2. Industry-Specific Regulations: Needed for sectors with special requirements (e.g., construction, healthcare)

3. Data Protection: Detailed GDPR compliance section when processing significant personal data

4. Non-Solicitation Clause: Restrictions on direct hiring of temporary workers, if agreed

5. International Assignment Provisions: Required for cross-border temporary work arrangements within the EU

6. Training and Qualification Requirements: Specific provisions for roles requiring special qualifications or training

7. Strike Clause: Provisions regarding temporary work during industrial actions

What schedules should be included in a Temporary Agency Contract?

1. Schedule 1 - Worker Specifications: Detailed requirements for temporary workers, including qualifications, experience, and specific skills

2. Schedule 2 - Rate Card: Detailed breakdown of hourly rates, overtime rates, and any additional charges

3. Schedule 3 - Working Time Schedule: Detailed working hours, shift patterns, and break times

4. Schedule 4 - Health and Safety Requirements: Specific workplace safety requirements and protective equipment needs

5. Schedule 5 - Required Certifications: List of mandatory certifications and qualifications for specific roles

6. Appendix A - Standard Operating Procedures: Client-specific procedures and protocols for temporary workers

7. Appendix B - Compliance Documentation: Copies of relevant licenses, insurances, and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses


































Relevant Industries

Manufacturing

Information Technology

Healthcare

Construction

Logistics

Automotive

Retail

Financial Services

Agriculture

Energy

Hospitality

Professional Services

Industrial Production

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Operations

Risk Management

Contract Administration

Procurement

Finance

Workforce Planning

Employee Relations

Relevant Roles

HR Director

Legal Counsel

Compliance Officer

HR Manager

Recruitment Manager

Operations Director

Project Manager

Workforce Planning Manager

Risk Manager

Contract Administrator

Employment Law Specialist

Staffing Coordinator

Personnel Administrator

Branch Manager (Temporary Agency)

Account Manager (Staffing Services)

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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