Handbook German Employment Law
Specialist for Employment Law Dr. Eric Uftring contributed a detailed chapter on staff leasing agreements. Order here.
Staff Leasing Germany
Staff leasing in the high-wage sector
Staff leasing in Germany is an important instrument, easing up the strongly regulated labor markets in Europe as well as in the United States. In Germany, throughout the recent decade, primarily jobs in the low-wage sector have been "flexibilized" through temporary work and temporary workers. Today, we see a shift towards the high-wage sector as well. The German labor market employs numerous well earning employees in the exact same manner. Particularly in the technical field such as providing engineering services and IT consulting, staff leasing-specialized agencies offer an extensive range of highly specialized temporary workers. Consulting services of economists and legal experts such as business attorneys are, however, also increasingly requested on a project basis - and accordingly offered by the market.
Temporary Workers in Charitables and Temporary Workers in Professional Associations and Organisations
The nonprofit sector in Germany as well as professional associations and professional organisations often make use of temporary work force. Unfortunately, many times these organisations operate either in a legal grey zone or - worst case scenario - in illegal ways without even knowing. These illegal operations often result in sensitive legal consequences for all responsible parties. Since the reform of the Arbeitnehmerüberlassungesetz (AÜG, also know as AUG license) from 2011, temporary employees are in fact regularly subject to authorization in the third sector. This applies to all nonprofit operating organizations as well as for professional associations. Unfortunately, many facilities in the third sector have not yet implemented these legal changes and their consequences, nor have they taken these changes as an opportunity to adapt their current structure to existing law. The temporary work and staff leasing situation in these organisations must either be completely reorganized, or a transfer permit is required immediately.
A summary of ten important points to keep in mind when leasing staff in Germany
Individual legal staff leasing advice
You want to lease staff to a German company or you are interested in an AUG license. Whether you are a highly skilled professional seeking advice with regard to the German employment law or you want to hire a temporary worker for your German company, we help you keep up with the German labor law. Business Attorney Dr. Eric Uftring speaks English fluently and will be delighted to legally advise you on all issues of staff leasing in Germany. You can either contact us via e-mail (info@winheller.com) or via phone (+49 (0)69 76 75 77 80).
