Employee leasing; advertisement
Is your company facing short-time work or layoffs? Under certain circumstances, you can hire out workers to third parties without permission, provided you notify the employment agency in advance.
If you want to lend employees to a third party, you generally need permission to do so. You do not need a permit if
- fewer than 50 people work in your company,
- the people concerned are not employed by you as temporary workers, and
- you want to avoid short-time work or layoffs by hiring them out to another company.
In this case, however, you must notify the employment agency in writing beforehand.
The transfer is possible for a period of up to 12 months to another employer (hirer). Instead of the term "employee leasing", the term "temporary or loaned work" is also commonly used.
Assignment to companies in the construction industry for work that is usually performed by blue-collar workers is not permitted.
- You are an employer and employ fewer than 50 people.
- You want to prevent short-time work and layoffs by hiring out employees.
- The employees to be leased out are not hired and employed for the purpose of being leased out as temporary workers.
- The leasing out is agreed with the employees concerned.
- The employment contract and the obligations arising therefrom shall continue to exist during the temporary assignment.
- The temporary assignment shall last for a maximum of 12 months.
You must notify the Employment Agency in advance of the transfer of labor in writing or online in the eService of the Federal Employment Agency:
- Download the form "Notification of the hiring out of a worker pursuant to Section 1a of the German Personnel Leasing Act (Arbeitnehmerüberlassungsgesetz - AÜG)" from the website of the Federal Employment Agency. The documents are barrier-free and can be filled out using a PC.
- Save the document(s).
- Fill out the form. You must provide the following information in the advertisement:
- Name and surname, place of residence and home, day and place of birth of the temporary worker,
- Type, activities to be performed by temporary workers and any obligation to perform out of the country,
- beginning and duration of the temporary employment,
- company and address of the hirer.
- You do not need a scanned signature on the application form.
- Upload the completed forms via the upload service. Do the same with the other documents. You can also submit additional documents via the upload service.
- Before sending the application, you must identify yourself by means of an electronic identity card or electronic residence permit.
- You will receive a fee notice together with the decision on your notification for the transfer of the fees due.
- In the eService of the Federal Employment Agency, it is possible to have the transfer data (for example, IBAN and reason for payment) displayed within the framework of a so-called "e-payment" function and to copy this data into your own transfer program.
You can also use giropay and direct debit. In the future, it is planned to make the payment methods Paypal, Sofortüberweisung and credit card (Mastercard and Visa) available.
- If you successfully submit the application online and have identified yourself with your electronic ID card or electronic residence permit, it is not necessary to additionally send the documents to the Employment Agency by mail.
Application by mail
- As an alternative to submitting your application online, you can send the notification by mail to the relevant employment agency. The form must be in writing, i.e. it must be signed by an authorized representative.
- Print out the form and sign it.
- Submit the completed and signed form together with the attachment to the relevant employment agency. You can find out which employment agency is responsible for you on the form. There you will also find the postal addresses of the responsible offices to which you must send the form.
- You will be asked to pay a fee by mail.
There is no deadline.
0 to 3 months
Links to more information
Responsible for editing:Bundesministerium für Arbeit und Soziales
- Online transactions, Bavaria-wide
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- Form, Bavaria-wide
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- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
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- Fees, Bavaria-wide
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