AÜG-License audit procedure of the Federal Employment Agency (Bundesagentur für Arbeit)
The verification procedure of the Federal Employment agency focuses on the following parameters:
- Application of collective agreements within the meaning of sec. 8 (2) of the German labor leasing act (AÜG, Arbeitnehmerüberlassungsgesetz), (including collective agreements on industry surcharges); read more about collective agreements and about industry surcharges
- Granting of equal pay after nine months
- If no collective agreements apply: Compliance with the principle of equal treatment according to sec. 8 (1) AÜG (read more…)
- Correct classification of the temporary employee in the correct wage group according to their actual activity (read more about service contracts & produce work and about contrast to other forms of contract)
- Payment of minimum wages including minimum wage levels for temporary employment (read more about service contracts & produce work and about contrast to other forms of contract)
- Reimbursement of expenses (read more…)
- Completeness of contract documents (employment contracts, additional agreements, termination agreements, temporary employment contracts, amendments)
- Proof of handing over the up-to-date information leaflet of the Federal Employment Agency
- Compliance with the provisions of the Law on Part-time Work and Fixed-term Employment Contracts (TzBfG, Gesetz über Teilzeitarbeit und befristete Arbeitsverträge)
- Correct payment of wages/granting of benefits in lieu of income and leave or leave compensation even during periods of non-assignment (guaranteed wage) (read more…)
- Indications of irregularity with regard to occupational health and safety/occupational medical examinations
- Payment of social security contributions in all branches of social security
- Payment of wage tax
- Compliance with the provisions for the employment of foreign nationals (read more…)
- Compliance with the maximum time limit for the assignment of temporary employees
- Compliance with the disclosure and concretisation obligation
- Compliance with the information obligation