Three ways to get skilled workers. One fits your deployment.

What the law requires – and what we make of it

• LicenceAnyone hiring out workers commercially needs the licence of the Federal Employment Agency (§ 1 AÜG). Without a licence the staffing contract and the employment contract are void – and the worker counts as your employee. AÜG licence from the German Federal Employment Agency (valid until 23 May 2027) – the certificate naming your contracting partner is enclosed with every offer. With every provider, check that the company on the certificate is the same as on the contract.
• Equal pay – explained simplyThe AÜG puts temporary workers on an equal footing with your permanent staff: the same essential working conditions, the same pay (§ 8 (1) AÜG) – in principle from day one. Only if the staffing provider applies a collective agreement of the temporary-work industry may it deviate on pay – as a rule for a maximum of nine months, up to 15 months with a sector supplement agreement (§ 8 (4) AÜG). Independently of that, the temporary-work wage floor under § 3a AÜG applies to every hour – also for providers based abroad. Which basis applies to your deployment and from when which rate, we disclose before the contract is signed – it is in the offer, not in the small print. For that we need one piece of information from you: what does a comparable employee earn with you (§ 12 (1) AÜG)? We ask this before the offer.
• Maximum assignment period – explained simplyThe same worker may be deployed with the same hirer for a maximum of 18 consecutive months (§ 1 (1b) AÜG). A collective agreement in your sector may set a different period. Interruptions of more than three months reset the clock. We track the deadlines for every worker and get in touch in good time before expiry – with two options: transfer into your workforce or change of worker. If there is a definable scope of work that we can carry out under our own management and on our own responsibility, a works contract for that work may come into consideration – continuing the same job under your instructions is not that.
• Occupational safetyDuring the deployment your company’s occupational safety rules apply; you brief on hazards and protective measures before work starts (§ 11 (6) AÜG, § 12 ArbSchG). We make sure the worker arrives with personal protective equipment, understands the briefing – the site lead translates – and knows your rules before entering the hall.
• Your partSign timesheets, carry out the briefing, state the comparable pay, tell us if something does not fit. We need nothing more.

What makes a genuine works contract

Why construction is always a works contract: § 1b AÜG generally prohibits hiring out workers to construction businesses for work usually performed by manual workers. Exceptions apply only between construction businesses under narrow conditions (§ 1b sentences 2 and 3 AÜG) – they do not apply to us. We therefore offer works contracts only in construction. Anyone offering you “temps for the site” is, as a rule, operating outside the law – and you share the risk. The paper alone is not enough; practice must be right, otherwise the works contract becomes disguised temporary staffing. We pay attention to this together with you:

• Defined scopeSpecification with quantities, plans, quality and dates.
• Own managementOur site lead instructs and allocates. Your site management talks to him, not to the individual workers.
• Own schedulingWithin your programme. No integration into your shifts or crews.
• Billing by outputTonne, square metre, piece, lump sum – not by hours.
• WarrantyLiability for defects on our side.
• Reverse charge under § 13b UStGAs a company based in Lithuania we invoice you, as a rule, without German VAT; you as recipient owe the tax (§ 13b UStG) and, if entitled, deduct it as input tax at the same time. If a longer construction project creates a permanent establishment in Germany, we charge German VAT – we tell you in the offer.
• Construction withholding tax under § 48 EStGFor construction work you would have to withhold 15 percent of the invoice amount – unless we present a valid exemption certificate under § 48b EStG. We do so with the offer.

Fee and transfer

• FeeAgreed in advance, due on signing the employment contract. Details in the offer.
• Transfer from temporary staffingMany customers get to know workers in temporary staffing and take them on later. We regulate this in the staffing contract from the start: a transfer fee only in a reasonable amount that decreases with the length of the assignment (§ 9 (1) no. 3 AÜG); your right to employ the worker is not restricted.

One invoice – this is what it looks like.

You receive one invoice per month. Not one for wages, one for accommodation, one for travel. One. On it: one hourly rate per worker – and only the supplements you also pay your own people, agreed in advance.

Under a works contract: interim invoices by progress with measurement, final invoice after acceptance. Same rule: one price, no extra items for accommodation or travel.

• Qualification and certificatesA machine operator who does his own set-ups costs more than a helper in packing.
• Your comparable payIn temporary staffing equal pay sets the floor – that is why we ask before the offer.
• Deployment lengthLonger deployments, lower rate.
• Team sizeFrom 4 people a site lead works in the team.
• RegionAccommodation costs in Munich are not those in East Westphalia.

What lowers the rate: you provide the accommodation (company flat, container), you plan twelve months instead of three. What is not included: your machines, forklifts and scanners, consumables and, for welding, the machine, filler metal and gas – as for your own staff. What does not exist: minimum order, minimum hours, minimum duration – a single worker is fine, and you pay only hours worked and signed off.