Application for employee leasing permit (AÜG license)

If you want to temporarily hire out temporary workers to another company, you must have the appropriate prior permission to do so. In particular, a permit will not be issued if the applicant does not have the required reliability.

Responsible authority

The Federal Employment Agency is responsible for issuing the permit. Depending on the applicant's location, the authority in Nuremberg, Duesseldorf or Kiel is responsible.

The application must be submitted in writing.

Required documents

The following documents are required in connection with the application for a permit regarding employee leasing:

• Completed application (form from the Employment Agency)
• Copy of the extract from the commercial register
• Copy of the articles of association and the list of shareholders
• Copy of business registration
• Certificate of good conduct for the applicant who is a natural person or for the representative according to the law or the company's articles of association
• Information from the Central Trade Register for the applicant who is a natural person or for the representative according to the law or the Articles of Association of the company (GZR 3)
• Information from the Central Trade Register for the applicant who is a legal entity (GZR 4)
• Certificate of the professional association
• Certificate of the health insurance companies
• Extracts of all business accounts or credit confirmations (liquidity obligation in the amount of at least 10,000 EUR and in case of more than 5 temporary workers 2,000 EUR per temporary worker)
• Sample of a temporary employment contract according to section 11 AÜG
• Sample of a temporary employment contract according to section 12 AÜG

Official costs for the application grant a permit for employee leasing

For the initial application, the agency charges a fee of EUR 377.

For the required company audit prior to the first extension, EUR 1,316 is incurred and for the first extension application, a fee of EUR 2,060 is usually incurred.

Before the second renewal application, there is usually no tax audit and there is only a fee of 218 EUR.

For the last application for a permanent permit, a fee of EUR 2,060 is again charged.

Lawyer fees

Experience has shown that between 10 and 15 hours are required for consultation, gathering the necessary documents and information, filing the application and communicating with the authorities and the client.

Duration

From the submission of the initial application, experience shows that it takes 4 to 6 weeks for the authorities to get back to you.

Permission

A permit will initially be issued for a limited period of one year. Afterwards, the permit can be issued for an unlimited period of time.

The extension must be applied for no later than three months before the expiry of the time limit. There is an automatic extension if the Employment Agency does not reject the extension in time.

In the event of rejection, the permit is valid for the processing of the temporary employment contracts already concluded, but limited to 12 months.

Miscelleanious

Anyone who hires out employees without a permit risks a prohibition order. In addition, there is the risk of fines of up to EUR 30,000. In particularly serious cases, there is also the risk of a sentence of up to five years' imprisonment.

The lender may not assign the same temporary worker to the same hirer for more than 18 consecutive months.

Section 1 para 3 and section 1a para 1 of the German Temporary Employment Act (AÜG) contain exceptions where no permit is required for a temporary assignment (e.g. assignment between group companies).