The Staffing Agreement is essential for organizations seeking to engage temporary workers through a professional staffing agency in Germany. This document is designed to comply with strict German labor laws, particularly the Arbeitnehmer眉berlassungsgesetz (础脺骋), which regulates temporary agency work. The agreement addresses critical aspects including worker rights, equal pay principles, maximum assignment durations, and specific protection provisions required under German law. It is typically used when companies need flexible workforce solutions while ensuring full compliance with legal requirements, including proper licensing, social security obligations, and worker protection measures. The document structure reflects the triangular relationship between the staffing agency, client company, and temporary workers, while incorporating necessary provisions for GDPR compliance and workplace safety regulations.
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1. Parties: Identification of the contracting parties - the staffing agency and the client company, including full legal names, registration details, and addresses
2. Background: Context of the agreement, confirming the staffing agency's proper licensing under 础脺骋 and the general purpose of the temporary staffing arrangement
3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Working Hours', 'Equal Treatment', etc.
4. Services: Detailed description of staffing services, including worker qualification requirements and assignment procedures
5. Duration and Assignment Periods: Terms regarding the length of the agreement and maximum assignment periods in compliance with 础脺骋
6. Fees and Payment Terms: Staffing service fees, payment schedules, and any surcharges for special circumstances
7. Equal Treatment and Remuneration: Provisions ensuring compliance with equal pay principles after 9 months and equal treatment requirements
8. Working Time and Leave: Regulations regarding working hours, breaks, holidays, and leave entitlements
9. Supervision and Control: Definition of rights and responsibilities regarding worker supervision between agency and client
10. Health and Safety: Obligations regarding workplace safety and health protection measures
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance measures for handling personal data
13. Liability and Insurance: Distribution of liability and required insurance coverage
14. Termination: Conditions and procedures for terminating the agreement
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Non-Solicitation: Restrictions on hiring temporary workers directly, used when the staffing agency wants to protect its workforce
2. Special Qualifications: Additional requirements for specific professional qualifications, used for specialized positions
3. Overtime Arrangements: Specific provisions for overtime work, used when regular overtime is expected
4. International Assignments: Special provisions for cross-border assignments, used when workers may be posted to other EU countries
5. Strike Clause: Provisions regarding temporary work during industrial actions, used in industries with strong union presence
6. Performance Metrics: Specific KPIs and quality standards, used for specialized or high-level positions
7. Training Requirements: Provisions for necessary training and cost allocation, used for positions requiring specific training
1. Schedule 1: Fee Schedule: Detailed breakdown of staffing fees, surcharges, and payment terms
2. Schedule 2: Required Qualifications: Specific qualifications and experience requirements for different worker categories
3. Schedule 3: Standard Operating Procedures: Procedures for requesting workers, timesheet approval, and issue resolution
4. Schedule 4: Health and Safety Requirements: Specific workplace safety requirements and responsibilities
5. Schedule 5: Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Appendix A: Template Assignment Confirmation: Standard form for confirming individual worker assignments
7. Appendix B: Timesheet Template: Standard timesheet format for recording working hours
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Information Technology
Healthcare
Construction
Logistics
Retail
Financial Services
Hospitality
Automotive
Engineering
Professional Services
Industrial
Energy
Telecommunications
Relevant Teams
Human Resources
Legal
Procurement
Operations
Compliance
Finance
Risk Management
Talent Acquisition
Employee Relations
Workplace Health & Safety
Relevant Roles
HR Director
Legal Counsel
Procurement Manager
Operations Director
Hiring Manager
Recruitment Specialist
Compliance Officer
HR Business Partner
Contract Manager
Workforce Planning Manager
Resource Manager
Chief Human Resources Officer
General Counsel
Head of Talent Acquisition
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