Temporary Agency Contract Template for Germany

The Temporary Agency Contract serves as the foundational agreement for temporary staffing arrangements in Germany, establishing the legal relationship between a licensed temporary work agency (Verleiher) and a hiring company (Entleiher). This document is essential when companies require flexible workforce solutions while ensuring compliance with German labor laws, particularly the Arbeitnehmerüberlassungsgesetz (AÜG). It is used to define the scope of temporary staffing services, specify worker qualifications, establish payment terms, and ensure adherence to equal treatment principles. The contract addresses critical aspects such as maximum assignment durations, worker rights, workplace safety responsibilities, and compliance requirements under German jurisdiction. It's particularly relevant for businesses experiencing seasonal fluctuations, special projects, or temporary skill gaps in their workforce.

1. Parties: Identification of the temporary work agency (Verleiher), the hiring company (Entleiher), and details of their respective business registrations and AÜG licenses

2. Background: Context of the temporary staffing arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific German legal terminology

4. Scope of Services: Description of temporary staffing services, including the number of temporary workers, their qualifications, and intended roles

5. Duration of Assignment: Term of the agreement and maximum assignment duration in compliance with AÜG (18 months unless otherwise specified in applicable collective agreements)

6. Equal Treatment Provisions: Confirmation of equal treatment (Equal Pay/Equal Treatment principle) after 9 months as per AÜG requirements

7. Rights and Obligations of the Agency: Agency's responsibilities including worker selection, substitution rights, and maintaining required licenses

8. Rights and Obligations of the Hiring Company: Client company's duties regarding workplace safety, supervision, and integration of temporary workers

9. Working Hours and Location: Specified working hours, location, and any shift arrangements

10. Remuneration and Billing: Hourly rates, overtime provisions, and billing procedures

11. Compliance and Documentation: Requirements for maintaining records and ensuring compliance with AÜG

12. Termination: Termination provisions and notice periods

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction