Employee Leasing Agreement Template for Germany

When your business needs temporary workers in Germany, you require an Employee Leasing Agreement (Arbeitnehmerüberlassungsvertrag) that complies with strict German employment laws. This legal document governs the relationship between a licensed personnel leasing company (Verleiher) and your receiving company (Entleiher), ensuring all parties understand their rights and obligations under the Arbeitnehmerüberlassungsgesetz (AÜG).

When do you need this document?

You need this agreement whenever you engage temporary workers through a licensed personnel leasing agency in Germany. This includes situations where you require additional staff for seasonal peaks, special projects, or to cover employee absences. The document is mandatory for construction companies needing skilled tradespeople, manufacturing businesses requiring production line workers, or service companies seeking temporary administrative support. You also need this agreement when replacing employees on maternity leave or long-term sick leave, ensuring continuity while maintaining legal compliance.

Key legal considerations

Your Employee Leasing Agreement must address several critical legal requirements under German law. The equal treatment principle (Gleichbehandlungsgrundsatz) requires you to provide temporary workers with the same working conditions, pay, and benefits as your permanent employees performing comparable work. You must clearly define supervision responsibilities, as temporary workers remain employed by the leasing company while working under your direction. The agreement should specify liability allocation for workplace accidents, data protection obligations under BDSG, and termination procedures. You must also ensure the personnel leasing company holds a valid AÜG license and understand that repeated use of the same temporary worker may create a permanent employment relationship.

Legal requirements in Germany

German law imposes strict regulations on employee leasing arrangements that your agreement must reflect. The Arbeitnehmerüberlassungsgesetz limits temporary assignments to 18 months for the same worker in the same position, with potential extensions only through collective bargaining agreements. Your contract must comply with Works Constitution Act (BetrVG) requirements if works councils exist in either company, ensuring proper consultation and co-determination rights. Social security obligations under the Sozialgesetzbuch must be clearly allocated, typically remaining with the personnel leasing company. The agreement must also address data protection requirements when personal employee information is shared between companies, ensuring GDSG compliance throughout the leasing relationship.