Labour Hire Agreement Template for Germany

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Key Requirements PROMPT example:

Labour Hire Agreement

"I need a Labour Hire Agreement governed by German law for our manufacturing company in Bavaria, focusing on temporary skilled workers in the automotive sector, with specific provisions for shift work and handling specialized equipment."

Document background
The Labour Hire Agreement is essential for businesses operating in Germany that require flexible workforce solutions through temporary staffing arrangements. This document establishes the legal and operational framework between a licensed labor hire provider and a hiring company, ensuring compliance with the German Labor Leasing Act (Arbeitnehmerüberlassungsgesetz - AÜG) and related employment legislation. It addresses critical aspects such as licensing requirements, maximum hire periods, equal treatment principles, and workplace safety obligations. The agreement is particularly relevant in the context of Germany's highly regulated labor market, where temporary staffing arrangements must meet strict legal requirements and protect workers' rights. It includes comprehensive provisions for worker deployment, supervision, remuneration, and risk management, making it suitable for both short-term staff augmentation and longer-term workforce planning needs.
Suggested Sections

1. Parties: Identification of the Labor Hire Provider (Verleiher) and the Hirer Company (Entleiher), including full legal names, registration details, and addresses

2. Background: Context of the agreement, confirmation of the Labor Hire Provider's AÜG license, and general purpose of the arrangement

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

4. Scope of Services: Details of temporary staffing services to be provided, including types of positions and qualification requirements

5. Ordering Process: Procedure for requesting temporary workers, response times, and confirmation process

6. Terms of Assignment: Duration limits, notice periods, and conditions for extension or termination of individual assignments

7. Duties of the Labor Hire Provider: Obligations including worker screening, qualification verification, and statutory compliance

8. Duties of the Hirer: Responsibilities regarding workplace safety, supervision, and integration of temporary workers

9. Equal Treatment Principles: Compliance with equal pay (Equal Pay) and equal treatment requirements under AÜG

10. Fees and Payment Terms: Hire rates, calculation methods, invoicing periods, and payment terms

11. Workplace Safety and Risk Assessment: Safety responsibilities, risk assessment procedures, and protective equipment provisions

12. Confidentiality and Data Protection: GDPR compliance, handling of confidential information, and data security measures

13. Liability and Insurance: Allocation of risks, insurance requirements, and indemnification provisions

14. Term and Termination: Duration of the framework agreement, termination rights, and notice requirements

15. General Provisions: Governing law, jurisdiction, severability, and entire agreement clauses

Optional Sections

1. Works Council Cooperation: Required when the hirer has a works council, detailing consultation and approval procedures

2. Specialized Qualifications: Include when hiring workers for positions requiring specific certifications or qualifications

3. International Assignments: Required for cross-border temporary work arrangements within the EU

4. Industry-Specific Requirements: Include for regulated industries with special compliance requirements

5. Intellectual Property Rights: Include when temporary workers may create IP during their assignments

6. Non-Solicitation: Optional restrictions on hiring temporary workers directly

7. Performance Monitoring: Include when specific performance metrics or reporting is required

8. Training Requirements: Include when specific training must be provided by either party

Suggested Schedules

1. Schedule 1 - Standard Hire Rates: Detailed fee structure including standard rates, overtime rates, and holiday premiums

2. Schedule 2 - Job Categories and Qualifications: List of typical positions and required qualifications for each category

3. Schedule 3 - Standard Operating Procedures: Detailed processes for worker requests, replacements, and issue resolution

4. Schedule 4 - Health and Safety Requirements: Specific safety procedures and requirements for different work areas

5. Schedule 5 - Required Forms: Standard forms for worker requests, timesheets, and performance evaluation

6. Appendix A - AÜG License: Copy of the Labor Hire Provider's valid AÜG license

7. Appendix B - Insurance Certificates: Copies of required insurance policies and coverage details

8. Appendix C - Data Processing Agreement: GDPR-compliant data processing agreement between the parties

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
Relevant Industries

Manufacturing

Construction

Logistics and Warehousing

Information Technology

Healthcare

Retail

Automotive

Engineering

Food Processing

Energy

Telecommunications

Financial Services

Pharmaceuticals

Agriculture

Mining and Resources

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Risk Management

Finance

Project Management

Health and Safety

Recruitment

Contract Administration

Senior Management

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

Workforce Planning Manager

Compliance Officer

Risk Manager

Finance Director

Project Manager

Site Manager

Health and Safety Manager

Recruitment Manager

Contract Administrator

Department Head

Managing Director

Labor Relations Manager

Industries
Arbeitnehmerüberlassungsgesetz (AÜG): German Labor Leasing Act - Primary legislation governing temporary employment and labor hire arrangements, including licensing requirements for labor hire companies and maximum hire periods
Bürgerliches Gesetzbuch (BGB): German Civil Code - Contains fundamental provisions on employment contracts and general contract law principles applicable to labor hire agreements
Betriebsverfassungsgesetz (BetrVG): Works Constitution Act - Regulates co-determination rights of works councils, including their involvement in hiring temporary workers
Arbeitsschutzgesetz (ArbSchG): Occupational Safety and Health Act - Defines safety requirements and responsibilities for both hiring company and labor hire provider
Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act - Ensures non-discrimination in employment, including temporary workers
Datenschutz-Grundverordnung (DSGVO): General Data Protection Regulation (GDPR) - Regulates the processing of personal data of temporary workers
Sozialgesetzbuch (SGB): Social Security Code - Covers social security obligations for temporary workers, including health insurance and pension contributions
Mindestlohngesetz (MiLoG): Minimum Wage Act - Ensures temporary workers receive at least the statutory minimum wage
Arbeitszeitgesetz (ArbZG): Working Time Act - Regulates maximum working hours, rest periods, and break times applicable to temporary workers
Nachweisgesetz (NachwG): Documentation Act - Requires written documentation of essential employment conditions for temporary workers
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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