Employment Agency Contract Template for Germany

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Key Requirements PROMPT example:

Employment Agency Contract

"I need an Employment Agency Contract for my IT consulting firm based in Munich, specifically for placing temporary software developers and project managers with clients in the automotive industry, with strong data protection clauses and options for direct hiring after 6 months of placement."

Document background
The Employment Agency Contract is essential for businesses operating in Germany that require temporary staffing solutions. This document establishes the legal framework for temporary worker placement in accordance with German law, particularly the Arbeitnehmerüberlassungsgesetz (AÜG). It is used when a company needs to engage a licensed employment agency for temporary staffing services, ensuring compliance with strict German labor regulations, social security requirements, and data protection laws. The contract covers crucial aspects such as worker qualification requirements, payment terms, liability provisions, and operational procedures. It's particularly important given Germany's robust worker protection laws and the specific licensing requirements for temporary employment agencies.
Suggested Sections

1. Parties: Identification of the employment agency and the client company, including full legal names, registration details, and addresses

2. Background: Context of the agreement and confirmation of the agency's proper licensing under AÜG

3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Services', etc.

4. Scope of Services: Detailed description of the agency's services, including recruitment, selection, and placement processes

5. Agency Obligations: Agency's responsibilities including compliance with AÜG, worker verification, and maintaining necessary licenses

6. Client Obligations: Client's responsibilities regarding temporary workers, workplace safety, and cooperation requirements

7. Ordering Process: Procedures for requesting temporary workers, including notice periods and worker specifications

8. Fees and Payment Terms: Pricing structure, payment terms, and invoicing procedures

9. Data Protection: GDPR compliance measures and data handling procedures

10. Confidentiality: Non-disclosure obligations for both parties

11. Liability and Insurance: Liability limitations, indemnification, and required insurance coverage

12. Term and Termination: Contract duration, renewal terms, and termination provisions

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Direct Hiring Provisions: Terms for when the client wishes to directly employ temporary workers, including transfer fees - used when the client may want to permanently hire temporary workers

2. Works Council Cooperation: Procedures for interaction with works councils - included when the client has an active works council

3. International Placement: Additional provisions for cross-border worker placement - needed for international operations

4. Industry-Specific Requirements: Special provisions for specific industries (e.g., healthcare, construction) - included based on client's industry

5. Training and Development: Provisions for worker training and skill development - used when specific training requirements exist

6. Performance Guarantees: Specific guarantees regarding worker performance and replacement provisions - included upon client request

7. Compliance with Collective Agreements: Special provisions when collective agreements apply - needed when relevant to the client's industry

Suggested Schedules

1. Schedule 1: Fee Structure: Detailed breakdown of all fees, markups, and payment terms

2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3: Required Worker Qualifications: Standard qualification requirements for different worker categories

4. Schedule 4: Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Schedule 5: Standard Operating Procedures: Detailed procedures for worker requests, replacements, and issue resolution

6. Appendix A: Required Forms: Standard forms for worker requests, evaluations, and incident reports

7. Appendix B: Insurance Requirements: Detailed insurance coverage requirements and certificates

8. Appendix C: Compliance Certificates: Copies of agency licenses and certifications

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Information Technology

Healthcare

Construction

Logistics

Retail

Financial Services

Professional Services

Industrial

Hospitality

Engineering

Administrative Services

Education

Research and Development

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Recruitment

Administration

Project Management

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

Hiring Manager

Finance Director

Compliance Officer

HR Business Partner

Recruitment Manager

Department Head

Project Manager

General Counsel

Chief Financial Officer

Chief Operating Officer

HR Operations 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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