Source: BUS Sachsen-Anhalt (Linie6Plus)

Reporting the hiring out of employees

Description

If you want to lend employees to a third party, you generally need permission to do so. You do not need a permit if

fewer than 50 people work in your company,
the people concerned are not employed or engaged by you as temporary workers and
you want to avoid short-time working or redundancies by hiring them out to another company.

However, in this case you must notify the employment agency in writing of the temporary employment in advance (notification).

Temporary employment is possible for a period of up to 12 months with another employer (hirer). Instead of the term "temporary employment", the term "temporary or agency work" is also commonly used.

Temporary employment in construction companies for work that is usually carried out by manual workers is not permitted.

Prerequisites

You are an employer and employ fewer than 50 people.
You want to prevent short-time working and redundancies by providing temporary workers.
The employees who are to be hired out are not hired and employed for the purpose of temporary employment.
The assignment is agreed with the employees concerned.
The employment contract and the obligations arising from it continue to exist during the assignment.
The assignment lasts a maximum of 12 months.

Required documents

Form for notifying the assignment of an employee in accordance with Section 1a of the Temporary Employment Act (AÜG)

Depending on where your company is based, the employment agency in Düsseldorf, Kiel or Nuremberg is responsible for you. To find out which office is responsible for your federal state or country, please refer to the form Notification of Temporary Employment of an Employee (AÜG 2b). There you will also find telephone numbers and e-mail addresses for the offices.

Applications / Forms

Forms available: Yes
Written form required: Yes, when applying online, identification takes place by means of electronic identity card or electronic residence permit
Informal application possible: No
Personal appearance necessary: No
Online services available: Yes

Procedure

You must notify the Federal Employment Agency in advance in writing or online in the Federal Employment Agency's eService if you are hiring out workers:

Online application:

Download the form "Notification of the transfer of an employee in accordance with Section 1a of the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz - AÜG)" from the website of the Federal Employment Agency. The documents are barrier-free and can be completed using a PC.
Save the document(s).
Fill out the form. You must provide the following information in the notification:
- First name and surname, place of residence and home, date and place of birth of the temporary worker,
- Type of work to be performed by the temporary worker and any obligation to work away from home,
- Start and duration of the assignment,
- Company and address of the hirer.
You do not need a scanned signature on the application form.
Upload the completed forms via the upload service. Do the same with the other documents. You can also submit additional documents via the upload service.
Before submitting the application, you must identify yourself using an electronic ID card or electronic residence permit.
You will receive a notification of fees together with the decision on your application.
In the eService of the Federal Employment Agency, you can use the so-called "e-payment" function to display the transfer data (e.g. IBAN and reason for payment) and copy them into your own transfer program.

You can also use giropay and the direct debit procedure. In the future, it is planned to make the payment methods Paypal, Sofortüberweisung and credit card (Mastercard and Visa) available.

If you successfully submit the application online and have identified yourself with your electronic identity card or electronic residence permit, it is not necessary to send the documents to the Employment Agency by post.

Application by post

As an alternative to applying online, you can send the application by post to the relevant employment agency. There is a written form requirement, i.e. the notification must be signed in person by an authorized representative.
Print out the form and sign it.
Submit the completed and signed form, including the attachment, to the relevant employment agency. You can find out which employment agency is responsible for you on the form. There you will also find the postal addresses of the relevant offices to which you must send the form.