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Employee Lease Agreement for Germany

Employee Lease Agreement Template for Germany

A German Employee Lease Agreement (Arbeitnehmer眉berlassungsgesetz) is a legally binding contract between a licensed staffing company (lessor) and a client company (lessee) for the temporary provision of workers. This agreement must comply with German labor law, particularly the A脺G, and includes detailed provisions for employee rights, equal treatment, maximum lease duration, and working conditions. The document outlines the responsibilities of both parties, payment terms, liability distribution, and ensures compliance with German social security and workplace safety regulations. It includes specific provisions required by German law, such as explicit identification as an employee lease arrangement and confirmation of the lessor's valid license.

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What is a Employee Lease Agreement?

The Employee Lease Agreement is essential for German businesses engaging in temporary staffing arrangements. This document is required whenever a licensed staffing company (lessor) provides temporary workers to a client company (lessee) under German law. The agreement ensures compliance with the Arbeitnehmer眉berlassungsgesetz (A脺G) and related labor regulations, which mandate specific protections for leased employees, including equal treatment provisions and maximum lease durations. It's particularly relevant for companies managing fluctuating workforce needs, specific project requirements, or temporary skill gaps. The document must include mandatory elements such as the lessor's license details, specific identification as an employee lease arrangement, working conditions, remuneration terms, and safety provisions. It's essential for protecting all parties' interests while ensuring regulatory compliance in the German labor market.

What sections should be included in a Employee Lease Agreement?

1. Parties: Identification of the lessor (staffing company) and lessee (client company), including their full legal names, addresses, and registration details

2. Background: Context of the agreement, confirmation of lessor's A脺G license, and general purpose of the employee lease arrangement

3. Definitions: Key terms used throughout the agreement, including 'Leased Employee', 'Assignment Period', 'Workplace', etc.

4. Scope of Services: Details of the employee leasing services, including the number of employees, their qualifications, and general work descriptions

5. Duration and Assignment Periods: Term of the framework agreement and specific provisions about individual assignment periods, ensuring compliance with maximum lease duration regulations

6. Rights and Obligations of the Lessor: Lessor's responsibilities including employee selection, maintaining proper licenses, and ensuring compliance with A脺G

7. Rights and Obligations of the Lessee: Lessee's responsibilities including workplace safety, supervision, and integration of leased employees

8. Employee Rights and Equal Treatment: Provisions ensuring equal treatment of leased employees regarding working conditions and compensation

9. Remuneration and Payment Terms: Billing rates, payment terms, and provisions for overtime, holidays, and special circumstances

10. Liability and Insurance: Distribution of liability between parties and required insurance coverage

11. Confidentiality and Data Protection: Obligations regarding confidential information and personal data processing

12. Termination: Termination provisions for both the framework agreement and individual assignments

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

What sections are optional to include in a Employee Lease Agreement?

1. International Assignments: Additional provisions for cross-border employee leasing, including visa requirements and international compliance

2. Specialized Training Requirements: Specific provisions for cases where specialized training is needed before or during assignments

3. Works Council Arrangements: Specific provisions regarding works council involvement and co-determination rights

4. Non-Solicitation: Restrictions on direct hiring of leased employees by the lessee

5. Substitution Rights: Provisions for replacement of leased employees in case of absence or unsuitability

6. Performance Monitoring: Specific procedures for monitoring and evaluating leased employee performance

7. Industry-Specific Compliance: Additional provisions for specific industry requirements (e.g., banking, healthcare)

What schedules should be included in a Employee Lease Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of hourly rates, overtime rates, and additional charges

2. Schedule 2 - Standard Job Descriptions: Template job descriptions for commonly leased positions

3. Schedule 3 - Required Qualifications: Standard qualification requirements for different categories of leased employees

4. Schedule 4 - Service Level Agreement: Specific performance metrics and service levels to be maintained

5. Schedule 5 - Data Processing Agreement: Detailed provisions for GDPR compliance and data protection measures

6. Appendix A - Assignment Confirmation Template: Standard template for confirming individual employee assignments

7. Appendix B - Time Recording Procedures: Procedures and templates for recording working time

8. Appendix C - Health and Safety Guidelines: Specific workplace safety requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Lease Agreement

Cost

Free to use

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