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On Hire Labour Agreement for Germany

On Hire Labour Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for temporary worker deployment between a licensed temporary employment agency (Verleiher) and a hiring company (Entleiher). The agreement complies with the German Personnel Leasing Act (𾱳ٲԱ󳾱üܲԲsgesetz - AÜG) and related labor regulations, covering essential aspects such as worker qualifications, deployment conditions, remuneration, workplace safety, and legal responsibilities of both parties. It includes specific provisions for compliance with German equal treatment requirements and maximum temporary employment duration limits.

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What is a On Hire Labour Agreement?

The On Hire Labour Agreement is essential for businesses operating in Germany that need to engage temporary workers through licensed staffing agencies. This document is mandated by German law, specifically the 𾱳ٲԱ󳾱üܲԲsgesetz (AÜG), and must be in place before any temporary worker deployment can begin. It serves as a framework agreement that outlines the legal relationship between the temporary employment agency and the hiring company, ensuring compliance with German labor laws, social security regulations, and equal treatment provisions. The agreement is particularly crucial given Germany's strict regulation of temporary employment, including limitations on deployment duration and requirements for equal treatment of temporary workers.

What sections should be included in a On Hire Labour Agreement?

1. Parties: Identification of the temporary employment agency (lender), the hiring company (borrower), and their legal representatives

2. Background: Context of the agreement and confirmation of the temporary employment agency's valid AÜG license

3. Definitions: Key terms used in the agreement including 'temporary worker', 'assignment period', 'workplace' etc.

4. Subject Matter of Agreement: Scope of personnel leasing and general terms of worker deployment

5. Duration and Termination: Term of the framework agreement and notice periods for termination

6. Worker Qualification and Requirements: Specifications of required qualifications and professional skills

7. Working Hours and Location: Regulation of working time, overtime, and workplace location

8. Remuneration and Invoicing: Hiring rates, payment terms, and invoicing procedures

9. Rights and Obligations of the Temporary Employment Agency: Responsibilities including worker selection, replacement, and compliance with AÜG

10. Rights and Obligations of the Hiring Company: Duties regarding workplace safety, supervision, and equal treatment

11. Workplace Safety and Risk Assessment: Safety measures, risk prevention, and required protective equipment

12. Data Protection and Confidentiality: Handling of personal data and confidential information

13. Liability and Insurance: Distribution of liability and required insurance coverage

14. Final Provisions: Severability clause, jurisdiction, and applicable law

What sections are optional to include in a On Hire Labour Agreement?

1. Direct Hiring Provisions: Terms for potential permanent employment of temporary workers by the hiring company

2. International Assignments: Additional provisions for cross-border deployments within the EU

3. Industry-Specific Regulations: Special provisions for regulated industries (e.g., healthcare, construction)

4. Works Council Agreement: Reference to and incorporation of works council agreements if applicable

5. Collective Bargaining Provisions: Additional terms from applicable collective agreements

6. Special Qualifications: Requirements for specific certifications or security clearances

7. Compliance with Industry Standards: Additional compliance requirements for specific sectors

What schedules should be included in a On Hire Labour Agreement?

1. Schedule 1: Rate Card: Detailed breakdown of hourly rates, overtime rates, and additional charges

2. Schedule 2: Worker Specifications: Detailed requirements for temporary workers including qualifications and experience

3. Schedule 3: Health and Safety Requirements: Specific workplace safety measures and required protective equipment

4. Schedule 4: Time Recording Procedures: Ƶ and procedures for recording working hours

5. Schedule 5: Service Level Agreement: Performance metrics and service quality standards

6. Appendix A: Required Documentation: List of mandatory documents for temporary workers (work permits, qualifications, etc.)

7. Appendix B: Contact Details: Key contacts at both companies including emergency contacts

8. Appendix C: Workplace Regulations: Site-specific rules and procedures of the hiring company

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions








































Clauses


































Relevant Industries

Manufacturing

Construction

Information Technology

Healthcare

Logistics

Automotive

Retail

Engineering

Food Production

Chemical Industry

Pharmaceuticals

Agriculture

Energy

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Risk Management

Contract Administration

Employee Relations

Recruitment

Workforce Planning

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Operations Manager

Compliance Officer

Human Resources Manager

Staffing Coordinator

Recruitment Manager

Employee Relations Manager

Workforce Planning Manager

Contract Administrator

Risk Manager

Branch Manager

Account Manager

Project Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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