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 writing of the hiring out of workers in advance:
- Download the form "Notification of the hiring out of a worker in accordance with Section 1a of the German Temporary Employment Act - AÜG" from the Employment Agency's website.
- Fill out the form. You must provide the following information in the notification:
- First and last name, place of residence and home, day and place of birth of the temporary worker,
- Type of work to be performed by temporary workers and any obligation to perform work away from home,
- beginning and duration of the temporary employment,
- company and address of the hirer.
- 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 bis 3 Monate
- Form for notification of the hiring out of an employee in accordance with § 1a of the German Personnel Leasing Act (Arbeitnehmerüberlassungsgesetz - AÜG)
Links to more information
Responsible for editing: Bundesministerium für Arbeit und Soziales
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited