AUG license
Germany

Your attorneys specialized in labour leasing labour leasing

Application

Where and how do I obtain a AÜG-license to send personell to Germany?

The mandatory license must be applied for at the Federal Employment Agency (Bundesagentur für Arbeit) and in principle is initially valid for one year.

In addition to a processing fee of EUR 1,300.00, many documents must be submitted.

  • the completed application form

  • certificates from the employer’s liability insurance company

  • proof of liquid funds, that states at least 10.000 € or 2.000€ per employee in case theer are more than 5 employees in staff leasing.

We are happy to assist you with your application and to help you prepare the correct paperwork.

Our lawyers know the verification procedure by heart and they also  know exactly what the Federal Employment Agency focuses on to issue a license. The most important items refer to the compliance with working conditions for temporary employees, such as payment of the minimum wage, equal pay, accurate payment of social security contributions or compliance with the maximum time limit for the assignment of temporary employees.

Together, we conduct a comprehensive verification procedure with you which constitutes the basis for successful staff leasing.

Facts

The application procedure

As soon as you have decided to apply for the AÜG-license at the Bundesagentur für Arbeit, the work can begin.

For the initial issue of a license the following documents must be submitted to the respective Federal Employment Agency:

  • Articles of association

  • Certificate of good conduct

  • Information from the commercial central register about the applicant and legal representatives of the enterprise

  • Trade register excerpt

  • Certificate from the health insurance in which most of the employees are insured, as far as contributions have been paid

  • Declaration of consent for the request of information from the tax office

  • Certificate from the employers’ liability insurance association

  • Proof of liquid assets such as all bank deposits held on demand or credit confirmation regarding tolerated overdraft. In order to proof its creditworthiness, an agency that intends to hire up to five employees must proof liquid assets of at least EUR 10.000. With an intended employment of more than five employees, the amount increases to EUR 2.000 per employee.

  • Sample employment contract and sample employee leasing agreement (these are very important)

Companies based abroad also have to submit additional information and documents. These vary depending on the country of origin and must always be provided with a translation.

The Federal Employment Agency, as the licensing authority, changes the documents to be submitted on a regular basis. It is therefor helpful to ask the Federal Employment Agency beforehand which additional documents must be submitted for the respective country of origin.

  • Certificate in tax matters

  • Certificate of good conduct

  • Commercial register entry or comparable

  • Business registration

It is necessary for foreign companies to designate a mail recipient with a German address who can receive and forward mail concerning the license for the company. We are happy to do this for our clients.

MD without German citizenship

What if the company is located in Germany but the MD is of foreign nationality?

A special case is when the company is located in Germany, but the managing director is from abroad. In this case, the Federal Employment Agency reserves the right to request additional information from the country of origin, similar to the case if the company is based abroad. Thus, additional information and documents must be submitted in this case as well. As a rule, these are also those mentioned above.

Where to apply?

Competent authority for granting a license

Depending on where the registered office of the foreign enterprise is located, the comepetence for issuing a license differs. Therefore, it is very important that the application is submitted to the correct authority to prevent delays in processing.

Federal Employment Agency
Competent for companies with registered office located in…

Düsseldorf

Poland, UK and Ireland, Netherlands, Malta, Romania, all non-EU/EEA states

Kiel / Hannover

Denmark, Norway, Sweden, Finland, Iceland, Estonia, Latvia, Lithuania, Croatia, Hungary, Slovak Republic, Czech Republic

Nürnberg / Stuttgart

Belgium, France, Luxembourg, Spain, Portugal, Italy, Greece, Austria, Liechtenstein, Slovenia, Cyprus

Source: Federal Employment Agency

 

Time is of the essence

How long does it take?

The Federal Employment Agency itself says that it takes up to 12 weeks from the submission of the application for the license to be granted.

So the sooner all the documents and the application are completed, the sooner the Federal Employment Agency can start processing it. As a general rule, a well-filled out application, complete documents and professional help with the application noticeably accelerates the application process.

You are welcome to contact our attorneys to arrange with them for extra speedy processing if an order has already been placed that requires the license. Our lawyers will advise you on the best course of action and work out the best strategy. They can then also tell you the current expected processing times of the federal agency, which always vary.

Legal Advice

Contact us

In case you may need counselling concerning labour leasing we can help with our know how.

Jörg Hennig
Partner at AMETHYST

E: hennig@amethyst-recht.de
T: +49 30 23 62 52 90

Anika Nadler
Partner at AMETHYST

E: nadler@amethyst-recht.de
T: +49 30 23 62 52 90