Sending temporary staff to Germany
When you intend to supply employees to work under the supervision and instructions of a German company you will require a licence from the German authorities, even if your business is based in the UK.
The application for this so-called AÜG licence (Arbeitnehmerüberlassungserlaubnis) is quite onerous. We can help you ascertain whether you actually need a licence or not.
If you do, we can assist you with the application to obtain the AÜG licence and translate the required documents for you.
Arbeitnehmerüberlassung is defined in § 1 of the Labour Leasing Act:
"an employer (the agency) leases employees to third parties (the hirers). Thus the employee is employed by the agency, but works for a hirer on a temporary basis. The agency assigns its right to supervise ad direct the employee to the hirer and thus the employee becomes temporarily a part of the hirer’s team without being the hirer’s employee."
Labour leasing in Germany can only be undertaken legally if the agency has a labour leasing licence. If an agency lacks such a licence although it should have one, it can be fined by the labour authorities, criminal proceedings may be started and the agency may be barred from carrying out the business in the future. Also the hirer might have to face consequences.
- If you are not sure whether your planned activity constitutes labour leasing or not, we are happy to advise you. To this end we will require a detailed outline of your plans, including the duties and responsibilities of your staff and copies of the contracts with your employees and hirers.
- If you need a Labour Leasing Licence we will help you obtain one by
- Preparing a checklist of all documents required, together with draft texts
- Providing two bilingual contracts which are acceptable to German authorities
- Translating all necessary documents to be submitted into German
- Providing an English translation of the leaflet which you generally have to hand out to staff in German, but at their request in English
- Preparing the application form for you so that it is ready to be signed
- Liaising with you and the German authority until the licence is granted
- Sending a list of terms and conditions imposed upon you in English
- Reminding you to apply for the renewal
- Even after obtaining the licence there are a number of conditions and burdens imposed on you which will have to be strictly observed. We can give you guidance on these also.
Our fees amount to £250 plus VAT per hour.
We envisage spending around 18-23 hours in total until the application, together with all required documents and translations, can be sent off to the authorities.
Please note that in some instances we will have to spend more than 23 hours.
In view of the considerable amount of time to be spent this project, we would appreciate your paying £3,000.00 incl. VAT on account, should you wish us to proceed with this project.
Our fee does not include the € 1000 admin fee which you will have to pay to the Bundesagentur für Arbeit.