Application for Permit for temporary employment (AÜG license)

Overview of AÜG License Services at Liesegang & Partner

Liesegang & Partner offers comprehensive legal assistance for obtaining a permit for temporary employment (AÜG license) in Germany. Our services cover the entire application process, from initial consultation to final submission, ensuring compliance with all regulatory requirements.

Key Services Provided:

1. Document Preparation: We assist in gathering and preparing necessary documents such as the application form, commercial register extract, articles of association, business registration, certificates, and financial documentation.
2. Sample Contracts: We provide templates for temporary employment contracts as per §§ 11 and 12 AÜG.
3. Application Submission: We handle the submission process to the Federal Employment Agency, ensuring all requirements are met for the initial application and subsequent renewals.
4. Legal Advice: Our experienced lawyers offer strategic advice to navigate the complexities of the AÜG regulations, minimizing the risk of application denial due to non-compliance.
5. Cost Management: We outline all associated costs, including agency fees and potential lawyer fees, to provide a clear financial roadmap for the application process.
6. Compliance and Risk Management: We help clients understand and adhere to the legal implications of employee leasing, including the risks of non-compliance such as fines and imprisonment.

Procedure and Duration:

Initial Application: Takes 4-6 weeks for processing.
Renewals: Must be applied for at least three months before the permit expiry. Automatic extensions apply if not rejected timely by the agency.

Legal Implications:

Operating without a permit can result in severe penalties, including fines up to EUR 30,000 or imprisonment. The AÜG regulations also restrict the assignment duration of temporary workers to a maximum of 18 consecutive months to the same hirer.

For more detailed information and to initiate your application process, please contact us directly at Liesegang & Partner.

Overview of the procedure and the required documents

Responsible authority

The Federal Employment Agency is responsible for issuing the permit. Depending on the applicant's location, the authority in Nuremberg, Duesseldorf or Kiel is responsible.

The application must be submitted in writing.

Documents to be submitted

• Completed application (form from the Employment Agency)
• Copy of the extract from the commercial register
• Copy of the articles of association and the list of shareholders
• Copy of business registration
• Certificate of good conduct for the applicant who is a natural person or for the representative according to the law or the company's articles of association
• Information from the Central Trade Register for the applicant who is a natural person or for the representative according to the law or the Articles of Association of the company (GZR 3)
• Information from the Central Trade Register for the applicant who is a legal entity (GZR 4)
• Certificate of the professional association
• Certificate of the health insurance companies
• Extracts of all business accounts or credit confirmations (liquidity obligation in the amount of at least 10,000 EUR and in case of more than 5 temporary workers 2,000 EUR per temporary worker)
• Sample of a temporary employment contract according to section 11 AÜG
• Sample of a temporary employment contract according to section 12 AÜG

Costs of the Employment Agency

For the initial application, the agency charges a fee of EUR 377.

For the required company audit prior to the first extension, EUR 1,316 is incurred and for the first extension application, a fee of EUR 2,060 is usually incurred.

Before the second renewal application, there is usually no tax audit and there is only a fee of 218 EUR.

For the last application for a permanent permit, a fee of EUR 2,060 is again charged.

Lawyer fees

Experience has shown that between 10 and 15 hours are required for consultation, gathering the necessary documents and information, filing the application and communicating with the authorities and the client.

Duration

From the submission of the initial application, experience shows that it takes 4 to 6 weeks for the authorities to get back to you.

Permission for employee lease

An employee lease permission accodring AÜG initially issued for a limited period of one year. Afterwards, the permit can be issued for an unlimited period of time.

The extension must be applied for no later than three months before the expiry of the time limit. There is an automatic extension if the Employment Agency does not reject the extension in time.

In the event of rejection, the permit is valid for the processing of the temporary employment contracts already concluded, but limited to 12 months.

Miscellanious

Anyone who hires out employees without a permit risks a prohibition order. In addition, there is the risk of fines of up to EUR 30,000. In particularly serious cases, there is also the risk of a sentence of up to five years' imprisonment.

The lender may not assign the same temporary worker to the same hirer for more than 18 consecutive months.

Section 1 para 3 and section 1a para 1 of the German Temporary Employment Act (AÜG) contain exceptions where no permit is required for a temporary assignment (e.g. assignment between group companies).