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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for permission to hire out temporary workers

Description

Temporary employment is also referred to as temporary or temporary work. You need permission to do this. In order to obtain this, you must submit an application to the responsible employment agency.

The permit is granted by the Employment Agency for a limited period of one year. It can be granted indefinitely if you have been allowed to work for 3 consecutive years.

In the case of temporary employment, you must ensure, among other things, that

  • the principle of equality and relevant collective agreements are correctly applied,
  • the maximum leasing period is not exceeded,
  • temporary agency workers are properly remunerated in accordance with the activity actually performed,
  • the applicable minimum wages and reimbursement of expenses are paid, and
  • the provisions of the Part-Time and Fixed-Term Employment Act are complied with,
  • Remuneration and compensation benefits as well as holidays or holiday allowances are correctly granted
  • temporary agency workers are to be remunerated even during periods without lending to third parties,
  • Income tax and contributions to all branches of social security are paid correctly.

Through tax audits, the Employment Agency regularly monitors whether you comply with the legal requirements and whether the temporary employment is properly exercised.

You can apply for a permit for temporary employment in writing or online in the eService at the Employment Agency:

Online application:

  • Download the form "Application for permission to supply temporary workers (AÜG 2a)" from the website of the Employment Agency. The documents are barrier-free and can be filled in via PC.
  • Save the documents.
  • Fill out the form.
  • You do not need a scanned signature on the application form.
  • Upload the completed forms/form through the upload service. Do the same with the other documents. You can also submit documents via the upload service if you have already submitted the application for permission to supply temporary workers.
  • Before submitting the application, you must identify yourself by means of an electronic identity card or electronic residence permit.
  • For the transfer of the fees incurred, you will receive a fee notice together with the decision on your application.
  • In the eService of the Federal Employment Agency, it is possible to display the transfer data (e.g. IBAN and purpose) as part of a so-called "e-payment" function and to copy them into your own transfer program.
  • 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. The Employment Agency will examine your application. If necessary, you will be asked to submit additional or missing documents.
  • If you agree, you can retrieve your notification and the certificate for the permission for temporary employment in the eService. You will receive a duplicate by post.

Application by post:

  • You can also send the application by post to the responsible employment agency. There is a written form requirement, i.e. the application must be signed personally by a person authorised to represent. Print and sign the form.
  • Submit the completed and signed form and attachment to the responsible 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 competent services to which you must send the form.
  • You will be asked to pay a fee by mail.

Depending on the place of business of your company, the employment agency in Düsseldorf, Kiel or Nuremberg is responsible for you. You can find out which department is responsible for your federal state or state in the application for permission to supply temporary workers (AÜG 2a). There you will also find telephone numbers and e-mail addresses to the services.
 

  • They have the reliability required by trade law.
  • In your case, there are no reasons that speak against a permit. These can be, for example, relevant criminal records, violations of social security law regulations or labor law obligations.
  • Temporary employment is carried out from a business, part of a business or a secondary business located in Germany or in another state of the European Union or the European Economic Area.
  • Application for permission to supply temporary workers (AÜG 2a)
  • Chronological excerpt from the commercial register
  • Copy of the articles of association and the list of shareholders
  • Copy of business registration
  • Details of construction company (AÜG 2c)
  • Certificate of good conduct for submission to authorities (document type O) for the authorised representative of your company
  • Information from the Central Trade Register for the authorised representative(s) (GZR 3) and for your company (GZR 4)
  • Certificate from the competent employers' liability insurance association
  • Certificate from the health insurance fund for at least half of your employees
  • Proof of liquid assets over EUR 2,000 per (planned) temporary worker
  • Model employment contract for temporary agency workers
  • Model of a temporary employment contract
  • For the first application for a permit, please submit an overview of the career / curriculum vitae of the authorized representative(s)
  • Power of attorney for the application, unless this is made by a person authorized to represent the company by law, articles of association or articles of association (e.g. managing director, authorized signatory)

Fee: 218,00 - 2060,00 EUR
Payment in advance: No
https://www.gesetze-im-internet.de/bmasbgebv/anlage.html
In the eService of the Federal Employment Agency, it is possible to display the transfer data (e.g. IBAN and purpose) as part of a so-called 'e-payment' function and to copy them into your own transfer program.

There is no deadline for the initial application. It is recommended to submit the initial application at least 3 months before the planned start of activity.

The application for renewal of a permit must be submitted no later than 3 months before the permit expires.

Objection Deadline: 1 Month

Processing Time: 0 - 3 Months

Forms available: Yes
Written form required: Yes, when applying online, identification is carried out by means of an electronic identity card or electronic residence title
Informal application possible: No
Personal appearance required: No
Online services available: Yes

In the eService of the Federal Employment Agency, it is possible to display the transfer data (e.g. IBAN and purpose) as part of a so-called "e-payment" function and to copy them into your own transfer program.

The text was automatically translated based on the German content.

Federal Ministry of Labour and Social Affairs (BMAS)

No authority found