Employee Leasing Agreement Template for Germany

1. Parties: Identification of the Personnel Leasing Company (Verleiher) and the Receiving Company (Entleiher), including full legal names, addresses, and registration details

2. Background: Context of the agreement, confirmation of the Personnel Leasing Company's AÜG license, and general purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including 'Leased Employees', 'Assignment Period', 'Workplace', etc.

4. Scope of Services: Details of employee leasing services, including qualifications of leased employees and nature of work to be performed

5. Term and Termination: Duration of the agreement, notice periods, and conditions for termination, including compliance with AÜG maximum rental periods

6. Rights and Obligations of the Personnel Leasing Company: Responsibilities including employee selection, maintaining licenses, payroll administration, and legal compliance

7. Rights and Obligations of the Receiving Company: Workplace integration, supervision, safety measures, and cooperation requirements

8. Employee Rights and Working Conditions: Equal treatment provisions, working hours, holiday entitlements, and access to collective facilities

9. Fees and Payment Terms: Billing rates, payment schedule, and any surcharges or additional costs

10. Liability and Insurance: Distribution of risks, insurance requirements, and indemnification provisions

11. Data Protection: GDPR compliance measures and data handling procedures between parties

12. Confidentiality: Protection of business secrets and confidential information

13. Final Provisions: Governing law, jurisdiction, written form requirements, and severability clause

1. Schedule 1: Employee Specifications: Detailed requirements for leased employees, including qualifications, experience, and specific skills

2. Schedule 2: Fee Schedule: Detailed breakdown of hourly rates, overtime rates, holiday premiums, and other charges

3. Schedule 3: Standard Operating Procedures: Processes for requesting employees, timesheet approval, and issue resolution

4. Schedule 4: Health and Safety Requirements: Specific workplace safety measures and responsibilities

5. Schedule 5: Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

6. Appendix A: Required Certifications: Copies of AÜG license and other required certifications

7. Appendix B: Insurance Certificates: Proof of required insurance coverage

8. Appendix C: Works Council Agreements: If applicable, relevant works council agreements or protocols