The Employment Agency Contract With Client is a fundamental document used in the German temporary staffing industry to establish and regulate the business relationship between temporary employment agencies and their client companies. This agreement is essential when a company needs to engage temporary workers through an authorized employment agency in Germany. The document must strictly comply with the Arbeitnehmer眉berlassungsgesetz (A脺G) and other relevant German labor laws, which regulate temporary employment relationships. It covers crucial aspects such as service scope, worker rights, equal pay provisions, workplace safety, and data protection requirements. The contract is particularly important as it defines the distinct responsibilities of both the agency and client company, ensuring legal compliance while facilitating efficient temporary staffing arrangements.
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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, stating the agency's authorization to provide temporary workers and the client's need for staffing services
3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Services', etc.
4. Scope of Services: Detailed description of the recruitment and staffing services to be provided by the agency
5. Agency Obligations: The agency's responsibilities including worker screening, compliance with A脺G, maintaining licenses, and insurance
6. Client Obligations: Client's responsibilities regarding workplace safety, supervision, and treatment of temporary workers
7. Assignment Process: Procedures for requesting, selecting, and onboarding temporary workers
8. Equal Treatment Provisions: Compliance with equal pay and treatment requirements under A脺G
9. Fees and Payment Terms: Service fees, payment schedule, and invoicing procedures
10. Duration and Termination: Contract term, renewal provisions, and termination conditions
11. Data Protection: GDPR compliance measures and data handling procedures
12. Liability and Insurance: Distribution of risks, insurance requirements, and limitation of liability
13. Confidentiality: Protection of business secrets and confidential information
14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Direct Hire Provisions: Terms for when the client wishes to hire temporary workers permanently, including transfer fees - include when the client may want to convert temporary workers to permanent staff
2. Industry-Specific Requirements: Special provisions for specific industries (e.g., manufacturing, healthcare) - include when the client operates in a regulated industry
3. Performance Metrics: KPIs and service level agreements - include when the client requires specific performance standards
4. International Placement: Provisions for cross-border worker placement - include when international staffing is required
5. Training Requirements: Specific training obligations and cost allocation - include when specialized training is needed
6. Works Council Cooperation: Procedures for interaction with works councils - include when the client has an active works council
1. Fee Schedule: Detailed breakdown of all fees, markups, and payment terms
2. Service Level Agreement: Specific performance metrics and service standards
3. Data Processing Agreement: Detailed GDPR-compliant data processing terms
4. Required Qualifications: Standard qualification requirements for different worker categories
5. Health and Safety Guidelines: Workplace safety requirements and responsibilities
6. Standard Assignment Terms: Template for individual worker assignments
7. Insurance Certificates: Copies of required insurance policies and coverage details
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