Temporary agency work contract (AÜV): content, form and mandatory details

What is a temporary agency work contract?

The temporary agency work contract – AÜV for short, also called the assignment contract (Überlassungsvertrag) – governs the relationship between the staffing provider (temporary work agency) and the client (user undertaking). It is one of two contracts in temporary agency work: the temporary work agency concludes an employment contract with the temporary agency worker and the AÜV with the client. There is no contract between the client and the temporary agency worker; however, the client receives the right to give the temporary agency worker instructions.

In practice, it often has two tiers: a framework agreement (Rahmenvertrag) sets out the general terms, and individual assignments or specifications name the specific employees, work and periods.

What form does the AÜV require?

• Text form: Since 01.01.2025, the contract between the temporary work agency and the user undertaking has required text form (§ 12(1) sentence 1 AÜG). Text form means a legible declaration on a durable medium that names the person making it (§ 126b of the German Civil Code, BGB) – for example an email or a PDF. Until 31.12.2024, written form applied.
• Before the assignment: The designation as temporary agency work must be made before the temporary agency worker is assigned or starts work (§ 1(1) sentence 5 AÜG). A designation made only afterwards is not in time and is subject to a fine (§ 16(1) no. 1c AÜG).
• Practice over paper: If the contract and its actual performance contradict each other, the performance prevails (§ 12(1) sentence 2 AÜG).

What must the AÜV contain?

If the permit lapses, the temporary work agency must inform the user undertaking immediately (§ 12(2) AÜG).

What else is usually agreed?

Beyond the mandatory details, a good framework agreement covers the commercial and organisational questions:

• charge rates (Verrechnungssätze) per qualification and supplements for overtime, night, Sunday and public holiday work,
• timesheets: who confirms them, by when and in what form,
• the client's obligation to report the employee's earlier assignments with the client – important for the maximum assignment period and Equal Pay,
• the industry of the client establishment and whether a collective agreement on industry supplements applies,
• occupational health and safety: instruction, protective equipment, risk assessment – the user undertaking is responsible for this under § 11(6) AÜG in any case,
• placement fee if the employee is taken on,
• term, termination, replacement of employees, liability and invoicing.

Framework agreement, individual assignment and specification

According to the Technical Instructions of the Federal Employment Agency (Fachliche Weisungen AÜG), there are two options:

• A specific person is part of the contract: If the client needs a particular employee, such as a specialist, that person is already named in the contract.
• Characteristics instead of names: If the parties only agree on qualifications and numbers, the temporary work agency must provide professionally suitable employees. Specification by name then takes place before each assignment with reference to the contract; suitable evidence, for example in text form, must be added to the business records and kept.

What happens in the event of errors?

• Missing designation or specification: The employment contract between the temporary work agency and the temporary agency worker is invalid, and an employment relationship with the user undertaking is deemed to exist – unless the temporary agency worker declares in good time that they wish to continue the contract with the temporary work agency (§ 9(1) no. 1a, § 10 AÜG).
• Fine of up to €30,000 for missing, incorrect or late designation or specification (§ 16(1) nos. 1c and 1d AÜG).
• Sham contract for work (Scheinwerkvertrag): Anyone who assigns staff under a contract that is only formally called a contract for work is, according to the Technical Instructions, not treated more favourably than someone without a permit.
• Invalid clauses: A ban on employing the temporary agency worker after the end of the temporary employment relationship is invalid (§ 9(1) no. 3 AÜG).

Checklist before the assignment begins

1. A framework agreement in text form is in place, and the assignment is expressly designated as temporary agency work.
2. The temporary work agency's declaration on the permit is included – usually with the permit authority and date.
3. The work, qualifications and – if required – comparable pay are stated.
4. The employee has been specified by name, and the evidence has been filed.
5. Earlier assignments at the client have been checked; the Equal Pay and maximum assignment deadlines have been calculated.
6. The employee has been informed in text form about the assignment as a temporary agency worker and about the client's name and address (§ 11(2) AÜG).
7. Occupational health and safety instruction at the client is planned.

Templates are a good starting point; you should nevertheless have your framework agreement reviewed by a lawyer. Our SBM staffing software shows how individual AÜVs and specifications are created from client and employee data.