Staff Leasing Germany: Planning to supply employees to a company in Germany? Launching a staffing business or facing an AÜG licence issue?
AMETHYST Rechtsanwälte advises German and international companies on labour leasing, AÜG licensing and compliance with German employment law.
We support you from the initial assessment and licence application through audits, regulatory proceedings and disputes with the Federal Employment Agency (Bundesagentur für Arbeit):
Planning labour leasing in Germany? Get legal advice before the labour leasing begins.
Your Specialist Lawyers for Staff Leasing in Germany
Staff leasing is a specialised area of law in which licensing, employment contracts, remuneration and regulatory compliance are closely connected. General labour law advice may not be enough when a company is applying for a licence, preparing for an audit or defending against regulatory action.
AMETHYST Rechtsanwälte advises German and international companies on employee leasing and the AÜG. According to our firm's experience figures, our lawyers have handled more than 1,000 proceedings relating to labour leasing and have over 25 years of experience with AÜG licence, audits and proceedings involving the Federal Employment Agency.
Do You Need an AÜG Licence in Germany?
Under the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz – AÜG), companies generally need a licence if they supply employees to another company and the arrangement qualifies as employee leasing.
The decisive issue is how the work is actually organised: If employees are integrated into the client's organisation and subject to its instructions, the arrangement may constitute staff leasing — even if the contract describes it as project work, outsourcing or payrolling.
The rules can also apply to foreign companies supplying personnel to German clients. At the same time, genuine service contracts, contracts for work and certain statutory exceptions may be treated differently.
Unsure whether your business model requires a licence? We assess the arrangement and explain the legal requirements before you commit to a particular structure.
Who Needs a Temporary Employment Agency Licence in Germany?
What Is Labour Leasing in Germany?
Distinction Between Service Contracts and Contracts to Produce a Work
AÜG Licence Application: From Planning to Approval
If your business requires an AÜG licence, it must generally be granted before labour leasing begins. The application is submitted to the competent Federal Employment Agency and involves more than completing a form.
The authority examines whether your company can operate lawfully, including whether it has the necessary reliability, organisation, financial resources and employment-law compliance arrangements.
Depending on your business and circumstances, the application may require corporate documents, employment and employee-leasing contracts, insurance certificates, financial evidence and additional records. Foreign applicants may need documents from their home jurisdiction, sometimes with certified German translations.
Our lawyers coordinate the process, identify potential issues early, prepare the documentation and communicate with the authority. We also help you build a sound foundation for future audits and licence renewals.
Our support includes:
Foreign Companies: Enter the German Market With Confidence
Cross-border staff leasing raises questions that go beyond the AÜG licence itself. Companies may need to address German employment requirements, documentation from their home country, the correct contractual structure and the practical organisation of staff leasing.
Whether you are an established staffing provider, an international group or a business planning its first labour leasing in Germany, the legal assessment should reflect your specific setup — not just the wording of your contracts.
We advise foreign personnel providers on German AÜG requirements, licence applications and cross-border personnel arrangements. Our aim is to help you identify obstacles early and avoid preventable delays or compliance risks.
AÜG Audits and Ongoing Compliance
Obtaining an AÜG licence is only the beginning. Companies must continue to meet their obligations throughout their staff leasing operations.
The Federal Employment Agency may examine matters such as equal treatment and equal pay, collective agreements, wage classification, remuneration during illness or periods without an assignment, working-time accounts, employment contracts and the maximum assignment period.
Errors in these areas can lead to demands for corrective action and, depending on their nature and seriousness, further regulatory consequences. A structured compliance review can help identify problems before they escalate.
We help companies prepare for audits, review their documentation and working practices, and develop practical solutions to identified weaknesses.
AÜG Licence Audit Procedure
Equal Treatment and Equal Pay
Fine Proceedings on Temporary Employment
AÜG Licence Refused or at Risk? Protect Your Business!
A refusal, non-renewal, withdrawal or revocation of an AÜG licence can have serious consequences for a staffing business. The underlying concerns may involve remuneration, collective agreements, social-security obligations, working-time rules, contracts or doubts about the company's reliability.
If the Federal Employment Agency has raised concerns, do not wait until the situation escalates. The allegations, applicable legal requirements and available response options should be assessed promptly.
Our lawyers analyse the authority's position, develop a case-specific response strategy and represent companies in administrative proceedings and, where necessary, court proceedings. We also advise on corrective measures that can demonstrate how future compliance will be secured.
Denial or Revocation of the AÜG Licence
Fine Proceedings on Temporary Employment
At a Glance: Our Services for Your Business
We can assist with:
Our approach combines legal analysis with practical advice tailored to your business model and the issues you need to resolve.
Take the Next Step Before You Deploy Employees
Whether you are establishing a staffing business, bringing employees to Germany from abroad, reviewing an existing staff leasing arrangement or responding to the Federal Employment Agency – early advice can help you make informed decisions and reduce avoidable risks.
Tell us about your project or current AÜG issue. We will help you identify the relevant legal questions and the next steps.
