Law Governing The Temporary Work

Original Language Title: Gesetz zur Regelung der Arbeitnehmerüberlassung

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Act on the regulation of the employee surrender (Employees 'Transfer Act-AÜG)

Non-official table of contents

AÜG

Date of departure: 07.08.1972

Full quote:

" Employees' Admission Act in the version of the notice of 3. February 1995 (BGBl. 158), as last amended by Article 7 of the Law of 11. August 2014 (BGBl. I p. 1348) "

:Recaught by Bek. v. 3. 2.1995 I 158;
last modified by Art. 7 G v. 11.8.2014 I 1348

See Notes

Footnote

(+ + + Text credits: 1.1.1982 + + +)
(+ + +)
Supplement due to EinigVtr Article 1 § 20 + + +)

Heading: IdF d. Art. 63 G v. 24.3.1997 I 594 mWv 1.4.1997 u. d. Art. 1 No. 1 G v. 28.4.2011 I 642
The G was as Article 1 G v. 7.8.1972 I 1393 adopted by the Bundestag with the consent of the Bundesrat. It's gem. Art. 6 § 4 of this G mWv 11.10.1972 entered into force. Non-official table of contents

§ 1 Authorisation requirement

(1) Employers who are the distributors of third parties (borrowers) employees (temporary workers) in the framework of of their economic activity in order to carry out their work, they must be allowed to do so. The transfer of workers to the user is temporarily carried out. The secondment of employees to a working group formed for the production of a work is not a worker's transfer, if the employer is a member of the working group, for all members of the working group, collective agreements of the same industry, and all members are obliged to provide contractual services independently under the terms of the Community Treaty. In the case of an employer with a registered office in another Member State of the European Economic Area, the secondment of workers to a working group formed in the manufacture of a work is not a worker's omission, even if the worker is not in the process of producing a if German collective agreements do not apply to the same industry as for the other members of the working group, but it satisfies the other conditions set out in the second sentence.(2) If employees are transferred to third parties for work performance and if the transfer does not take over the usual employer obligations or the employer's risk (§ 3 (1) No. 1 to 3), it is assumed that the transfer of employment is carried out.(3) This law, with the exception of § 1b sentence 1, § 16 (1) (1b) and (2) to (5) as well as § § 17 and 18, is not applicable to the employee surrender
1.
between employers of the same industry to avoid short-time work or lay-offs, if a collective agreement for the borroder and distributor dies ,
2.
between Group companies within the meaning of Section 18 of the German Stock Corporation Act, if the employee is not recruit and employed for the purpose of surrender.
2a.
between employers, if the transfer is only occasional and the employee is not hired and employed for the purpose of the transfer, or
3.
to foreign countries, if the temporary agency worker is in a German-foreign joint venture based on intergovernmental agreements
Unofficial contents of the table of contents

§ 1a Display of the transfer

(1) No permission is required an employer with fewer than 50 employees who, in order to avoid short-time work or lay-offs to an employer, leaves a worker who is not recruit and employed for the purpose of being transferred, until the period of 12 months, if he had previously indicated the transfer in writing to the Federal Employment Agency.(2) On the display, specify
1.
First and family names, place of residence and home, day and place of birth the temporary worker,
2.
type of activity to be carried out by the temporary agency worker and any obligation for external performance,
3.
Begin and duration of the release,
4.
Company and address of the hideout.
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§ 1b Restrictions in the construction industry

Employees ' omission in accordance with § 1 in the construction industry for works that have are usually carried out by workers, is inadmissible. It is permitted
a)
between construction companies and other companies, if these holdings are
b)
between premises of the construction industry, if it has been shown that the holding has been in place since the date of the contract; at least three years shall be covered by the same collective and social collective agreements or by their general obligation.
By way of derogation from the second sentence, for establishments in the construction industry with a registered office in another Member State, the European economic area workers ' surrender also permitted if foreign companies are not covered by German framework and social wage agreements or collective agreements declared universally binding, but it is proven that they are have for at least three years been mainly engaged in activities falling within the scope of the same framework and social collective agreements, which cover the operation of the deprivation. Non-official table of contents

§ 2 Granting and deleting permission

(1) permission is granted on written request.(2) permission may be granted under conditions and subject to conditions in order to ensure that no facts arise which justify the failure to comply with § 3 of the licence. The acceptance, amendment or amendment of conditions shall be permitted even after the grant of the permit.(3) permission may be granted under the reservation of withdrawal if a final assessment of the application is not yet possible.(4) The permit shall be limited to one year. The application for an extension of the permit shall be submitted no later than three months before the end of the year. The permit shall be extended for another year if the approval authority does not refuse to renew it before the end of the year. In the event of rejection, the permission for the settlement of the contracts concluded in accordance with § 1 shall be deemed to be continued, but not longer than twelve months.(5) permission may be granted for an unlimited period of time if the distributor has been allowed to operate for three consecutive years in accordance with § 1. It shall be lost if the distributor has not made use of the permit for three years. Non-official table of contents

§ 2a Fees and charges

(1) For the processing of applications for grant and renewal of permission, the Applicants are charged fees and levies.(2) The Federal Government is empowered to determine, by means of a legal regulation, the chargeable facts and to provide for fixed rates and framework rates. The fee may not exceed 2,500 Euro in individual cases. Non-official table of contents

§ 3 Failure

(1) The permission or its renewal shall be refused if the facts justify the assumption that the Applicant
1.
The reliability required for the performance of the activity according to § 1 , in particular because it has the provisions of the social security law, the withholding and removal of the payroll tax, the employment agency, the recruitment abroad or the employment of foreign nationals, the provisions of the Employment protection law or labour law obligations does not comply;
2.
is not in a position to do so after the design of its operational organisation Employer obligations to be properly fulfilled;
3.
the temporary agency worker for the period of release to a borrower who, in the operation of this borrower, is responsible for a Comparable workers of the borrower's essential working conditions, including their remuneration, are not granted. A collective agreement may allow deviating rules to the extent that it does not fall short of the minimum hourly charges laid down in a legal regulation pursuant to Article 3a (2). Within the scope of such a collective agreement, non-tariff employers and employees may agree on the application of the tariff arrangements. A deviating collective agreement does not apply to temporary workers who, in the last six months, before being left to the borrower from an employment relationship with this or an employer who, together with the borrower, have a group within the meaning of the § § § 18 of the German Stock Corporation Act.
(2) The permit or its extension shall also be refused if the activity referred to in § 1 of the Act provides for establishments, operating parts or subsidiary undertakings which are not in a position to be held in a Member States of the European Economic Community or any other Contracting State of the Agreement on the European Economic Area.(3) The permission may be refused if the applicant is not German within the meaning of Article 116 of the Basic Law or if a company or legal person makes the application, which is either not established under German law or which has neither its registered office nor its head office nor its principal place of business within the scope of this Act.(4) nationals of the Member States of the European Economic Community or of any other Contracting State of the Agreement on the European Economic Area shall be granted permission under the same conditions as German Nationals. The nationals of those States shall be equal to companies and legal persons established under the legislation of those States and to their registered offices, their head offices or their principal place of business within the same States. To the extent that these companies or legal entities have their registered office, but have neither their head office nor their principal place of business within those States, the second sentence shall apply only if their activities are in fact and in a more permanent manner. A connection with the economy of a Member State or of a Contracting State of the Agreement on the European Economic Area.(5) nationals of States other than those referred to in paragraph 4 who, under an international agreement, are established within the scope of this Act and are not treated less favourably in doing so and in their business activities. may be considered as German nationals, are granted permission under the same conditions as German nationals. The nationals referred to in the first sentence shall be equal to companies established under the legislation of the other State. Non-official table of contents

§ 3a Wage limit

(1) Trade unions and employers ' associations, at least also for their respective one in the The Federal Ministry for Economic Cooperation and Development (Bundesweit) is responsible for the employment of employees who are responsible for the employment of employees (right-of-charge parties to the agreement) and have agreed on collective minimum hourly charges in the area of employee surrender to the Federal Ministry of Economics and Labour. Jointly propose work and social affairs to set this as a wage lower limit in a legally binding legal regulation; the minimum hourly rates can be differentiated according to the respective place of employment and also due to the rules on maturity. corresponding claims, including any agreed exceptions and the conditions to which they are subject. The proposal must include uniform minimum hourly rates for rental periods and non-lending periods, as well as a term of maturity. The proposal shall be justified in writing.(2) The Federal Ministry of Labour and Social Affairs may, if it appears in the public interest, in a regulation without the consent of the Federal Council, determine that the proposed minimum wage rates as referred to in paragraph 1 as a binding wage lower limit, apply to all employers and temporary workers covered by the Regulation. The proposal for a regulation can only incorporate the proposal unchanged into the legal regulation.In the course of its decision referred to in paragraph 2, the regulatory body shall, in the context of an overall assessment, examine, in addition to the objectives of that law, whether a regulation in accordance with paragraph 2 is particularly appropriate to ensure the financial stability of the social security system. to ensure security systems. The legislator has to take into account
1.
the existing national collective agreements in the Employee surrender and
2.
the representativeness of the preloving collective bargaining parties.
(4) A number of proposals referred to in paragraph 1 shall be submitted by the to take particular account of the representativeness of the Contracting Parties to the collective agreement, in the light of the overall balance required under paragraph 3, when deciding on the basis of the decision referred to in paragraph 2. When determining representativity, preference is given to
1.
the number of each in the the scope of a legal regulation referred to in paragraph 2 which is employed in the case of members of the employers ' association proposed;
2.
the number the members of the trade unions which fall within the scope of a legal regulation pursuant to paragraph 2.
(5) A draft of the legal regulation in the Federal Gazette (Bundesanzeiger) is to be published before the adoption of the law. The Federal Ministry of Labour and Social Affairs provides the opportunity for distributors and temporary workers, as well as the trade unions and associations of employers, who are at least partially responsible for collective bargaining within the scope of the legal regulation. a written statement within three weeks from the date of the publication of the draft law in the Federal Gazette. After the closing date of the opinion, the committee referred to in Article 5 (1), first sentence, of the Act on collective agreements shall be referred to the proposal.(6) In accordance with the provisions of paragraph 1, the parties to the collective agreement shall jointly propose the amendment of a regulation adopted pursuant to paragraph 2. Paragraphs 1 to 5 shall apply by analogy. Unofficial table of contents

§ 4 Revocation

(1) An illegal permission can be withdrawn with effect for the future. Section 2 (4) sentence 4 shall apply accordingly.(2) The granting authority shall, upon request, compensate the distributor for the asset disadvantage it suffers from the fact that he has become familiar with the stock of the permit, in so far as his confidence is worthy of protection in the light of the public interest. The distributor cannot rely on trust if he
1.
permission due to fraudulant deception, the threat or a criminal act;
2.
has obtained the permission by means of information that was inaccurate or incomplete in relation to the essential relationship, or
3.
the unlawfulness of the permit was known or not known as a result of gross negligence.
However, the asset disadvantage is not over the amount of the In addition, to replace the interest which the distributor has on the stock of the permit. The asset disadvantage to be equated shall be determined by the approval authority. The claim can only be asserted within one year; the period begins as soon as the permission authority has referred the rental to them.(3) The withdrawal shall be admissible only within one year from the date on which the approval authority has been informed of the facts justifying the withdrawal of the permit. Unofficial table of contents

§ 5 Revocation

(1) The permission can be revoked with effect for the future if
1.
has been reserved for revocation when it was granted in accordance with § 2 para. 3;
2.
the distributor has not fulfilled an edition according to § 2 within a time limit set by him;
3.
Permission authority would be entitled to refuse permission, or
4.
on the basis of an amended version of the law, the permission to refuse permission. Legal position would be entitled to refuse permission; § 4 para. 2 shall apply accordingly.
(2) The permission shall become ineffective with the effective date of the revocation. Section 2 (4) sentence 4 shall apply accordingly.(3) The revocation shall be inadmissible if a permit of the same content would have to be re-issued.(4) The revocation shall be admissible only within one year from the date on which the approval authority has been informed of the facts justifying the revocation of the permit. Non-official table of contents

§ 6 Administrative compulsion

If a temporary agency worker is left to a rental company without the necessary permission, the To prohibit the distributor from doing so and to prevent the further release under the provisions of the Administrative Enforcement Act. Non-official table of contents

§ 7 Ads and information

(1) The distributor has unsolicted the authority after the permit has been issued. The transfer, closure and establishment of establishments, parts of operations or ancesuits previously to be notified in so far as they are the subject of the exercise of the employee's omission. If the permission is granted to persons as a whole, partnerships or legal persons and, after being issued, another person is appointed to the management or representation according to the law, the statutes or the social contract, is also to display this unsolicly.(2) The distributor shall, on request, provide the authorisation authority with the information necessary for the implementation of the law. The information shall be given truthfully, in full, in time and free of charge. At the request of the authorizing authority, the distributor shall submit the commercial documents which result in the accuracy of the information provided, or to make it credible in any other way. The rental company has to keep its business records for three years.(3) In duly substantiated individual cases the persons authorised by the approval authority shall be entitled to enter land and business premises of the distributor and to carry out examinations there. The distributor shall be subject to the measures set out in the first sentence. The fundamental right of the inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent.(4) searches can only be carried out on the order of the judge at the district court in whose district the search is to be carried out. § § 304 to 310 of the Code of Criminal Procedure are applicable to the challenge of this order. In the event of a risk of delay, the persons authorised by the permit authority may carry out the necessary searches without a judicial order during the business period. A minutes shall be recorded on the spot on the search and its essential result, from which, if a judicial order has not been issued, it shall also give rise to the facts which led to the adoption of a risk in default.(5) The distributor may refuse access to such questions, the answers to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the danger of criminal prosecution or of a procedure after of the law would be subject to the law on administrative offences. Non-official table of contents

§ 8 Statistical reports

(1) The rental authority has a semi-annual statistical report of
1.
the number of abandoned temporary agency workers, separated by sex, by nationality, after Occupational groups and according to the type of employment carried out prior to the justification of the contractual relationship to the distributor,
2.
the number of cases of injunctions, broken down by Economic Groups,
3.
The number of borrowers to whom it has been left to temporary agency workers, broken down by economic groups,
4.
the number and duration of work that it has received with each temporary agency worker,
5.
to refund the number of employment days for each temporary agency worker, broken down by type of leave,
The authorization authority may restrict the reporting obligation in accordance with the first sentence.(2) The notifications shall be for the first half of the calendar year up to the first half of the year. September of the current year, for the second half of the calendar year up to 1. The following shall be refunded in March of the following year(3) The granting authority shall issue survey forms for the implementation of paragraph 1. The reports shall be reported on these forms. The accuracy of the information shall be confirmed by signature.(4) Individual information referred to in paragraph 1 shall be kept secret by the authorizing authority. § § 93, 97, 105 (1), § 111 (5) in conjunction with Section 105 (1) and Section 116 (1) of the German Tax Code do not apply. This shall not apply in so far as the financial authorities require the knowledge required for the implementation of a procedure on the basis of a tax offence and of a related taxation procedure, in the pursuit of which a compelling public interest , or in the case of intentionally incorrect information of the party responsible for the information or the persons working for him/her. Any publication of results on the basis of reports referred to in paragraph 1 shall not contain any individual information. A summary of the information provided by a number of providers of information shall not be a single statement within the meaning of this paragraph. Uneffective Table of Contents

§ 9 Invalidity

Uneffective is:
1.
Contracts between distributors and borrowers, as well as between distributors and temporary agency workers, if the distributor does not have the permission required by § 1,
2.
Agreements for the temporary agency worker for the period of the transfer to a borrower worse than those in the company of the borrower for a comparable worker of the In so far as it does not provide for the minimum hourly charges laid down in a legal regulation pursuant to Article 3a (2), a collective agreement may permit derogations to be made to borrower's existing essential working conditions, including the pay of the pay. ; within the scope of such a collective agreement, non-tariff employers and employees may agree to the application of the collective agreements; a derogation in tariff terms shall not apply to temporary workers who are in the last six months before being transferred to the entleier from an employment relationship with the latter or an employer who, together with the entleiher, forms a group within the meaning of Section 18 of the German Stock Corporation Act,
2a.
Agreements restricting the access of the temporary worker to the Community facilities or services in the borrower's enterprise, contrary to § 13b,
3.
Agreements that prohibit the borrower from hiring the temporary agency worker at a time when his/her employment relationship is no longer available to the distributor; this includes the The agreement does not include an adequate remuneration between distributors and entreaters for the conciliation procedure followed by prior lending or by means of prior hire,
4.
Agreements that prohibit the temporary agency worker to work with the borrower at a time when the employment relationship between the rental agency and the temporary agency worker is no longer
5.
Agreements by which the temporary agency worker has to pay a brokerage allowance to the rental company.
Unofficial Table of Contents

§ 10 Legal consequences of ineffectiveness, employer's obligations to grant working conditions

(1) If the contract is ineffective between a distributor and a temporary agency worker in accordance with Article 9 (1), the employment relationship between the borrower and the temporary agency worker shall be deemed to be the date provided between the borrower and the distributor for the commencement of the activity as ; if the invalidity occurs only after the activity has been taken up by the borrower, the employment relationship between the borrower and the temporary agency worker shall be deemed to have been concluded with the occurrence of the ineffectiveness. The employment relationship referred to in the first sentence shall be deemed to be limited in time if the activity of the temporary worker has been provided for a limited period of time in the case of the borrower and there is a reason justifiably justifiable for the duration of the employment relationship. In the case of the employment relationship as set out in the first sentence, the working time between the distributor and the entleier shall be deemed to have been agreed. In addition, the content and duration of this employment relationship shall be determined in accordance with the rules and regulations applicable to the operation of the hideer; if such rules do not exist, those comparable establishments shall apply. The temporary agency worker shall have at least the right to the remuneration agreed upon with the rental company.(2) In the event of the invalidity of his contract, the temporary agency worker may, in accordance with section 9 (1), require the distributor to claim compensation for the damage he suffers from the fact that he is familiar with the validity of the contract. The replacement obligation does not occur if the temporary agency worker knew the reason of the ineffectiveness.(3) In spite of the fact that the contract is ineffective in accordance with Article 9 (1), the distributor shall pay the agreed remuneration or part of the remuneration to the temporary agency worker, he shall also have other parts of the remuneration of the contract which shall be provided for in the case of an effective employment contract for would be to pay the temporary agency worker to another, to pay the other. With regard to this payment obligation, the distributor shall be regarded as an employer in addition to the borrower, both of which shall be liable as the total debtor.(4) The distributor shall be obliged to give the temporary worker, for the period of release to the borrower, the essential working conditions in force in the company of the borrower for a comparable worker of the borrower, including the To grant work pay. To the extent that a collective agreement applicable to the contract of employment meets different regulations (Section 3 (1) (3), Section 9 (2)), the distributor shall grant the temporary agency worker the conditions of employment due under this collective agreement. To the extent that such a collective agreement is subject to the minimum hourly charges laid down in a legal regulation pursuant to Article 3a (2), the distributor shall, for each hour of work, have to pay the temporary worker for a comparable amount of time in the course of the operation of the borrower. Employees of the pay-as-you-pay service for a working hour to pay. In the case of the invalidity of the agreement between the distributor and the temporary agency worker in accordance with Section 9 (2), the rental worker shall have the essential essential elements in the operation of the borrower for a comparable worker of the borrower. Working conditions, including pay.(5) The distributor shall be obliged to pay the temporary agency worker at least the minimum hourly charge fixed in a legal regulation pursuant to § 3a (2) for the period of dismissal and for periods without any overdue. Non-official table of contents

§ 11 Other rules on the temporary employment relationship

(1) Proof of the essential terms and conditions of the contract Temporary employment is governed by the provisions of the Verification Act. In addition to the information specified in Section 2 (1) of the Detection Act, the minutes shall be included in the transcript:
1.
Company and address of the distributor, the permission authority as well as the place and date of the granting of the permission according to § 1,
2.
The type and amount of services for times when the temporary agency worker is not awarded.
(2) The rental agency is also obliged to provide the temporary agency worker with a contract The information sheet of the permit authority shall be issued on the essential content of this law. Non-German temporary agency workers shall receive the factsheet and proof referred to in paragraph 1 on request in their mother tongue. The costs of the information sheet shall be borne by the distributor.(3) The rental agency shall inform the temporary agency worker immediately of the date of the removal of the permit. In the cases of non-renewal (§ 2 para. 4 sentence 3), withdrawal (§ 4) or revocation (§ 5), he also has him on the expected end of the settlement (§ 2 para. 4 sentence 4) and the legal settlement period (§ 2 para. 4 sentence 4 last Half-sentence).(4) Paragraph 622 (5) (1) of the Civil Code shall not apply to employment relationships between distributors and temporary workers. The right of the temporary worker to pay compensation in the event of a delay in acceptance by the distributor (§ 615 sentence 1 of the Civil Code) cannot be repealed or limited by contract; § 615 sentence 2 of the Civil Code remains unaffected. The right of the temporary worker to be remunerated may be annulled by agreement of short-time work for the time for which the temporary agency worker is paid short-time work in accordance with the Third Book of Social Code; such an agreement may be the right to the temporary worker on remuneration to the maximum of 31. December 2011.(5) The temporary agency worker is not obliged to act in the case of a borrower, insofar as this is directly affected by a work struggle. In the case of a labour force referred to in the first sentence, the distributor shall draw the attention of the temporary agency worker to the right to refuse to work.(6) The activity of the temporary worker in the borrower shall be subject to the public provisions of the employment protection law applicable to the operation of the borrower; the obligations arising therefrom for the employer shall be the responsibility of the borrower. without prejudice to the obligations of the distributor. In particular, the borrower has the temporary agency worker before the start of employment and in the case of changes in his work area on risks to safety and health which he may be exposed to at work, as well as on the measures and measures. To inform facilities for the use of these hazards. The borrower has to inform the temporary agency worker in addition to the need for special qualifications or professional skills or special medical supervision, as well as increased special risks of the job.(7) If the temporary agency worker has made an invention or a technical improvement proposal during the period of activity of the borrower, the borrower shall be deemed to be an employer within the meaning of the law on employees ' inventions. Non-official table of contents

§ 12 Legal relationships between distributors and users

(1) The contract between the distributor and the Entleiher is required the writing form. In the certificate, the distributor has to declare whether he has the permission in accordance with § 1. The borrower shall specify in the document the specific characteristics of the activity provided for the temporary agency worker and the professional qualification required for that purpose and the professional qualification required for the purpose of the loan for a comparable Employees of the borrower's essential working conditions, including the remuneration, shall not apply in so far as the conditions of the exception referred to in § 3 (1) (3) and (9) (2) are fulfilled.(2) The distributor shall inform the entleier immediately of the date of the removal of the permit. In the cases of non-renewal (§ 2 para. 4 sentence 3), withdrawal (§ 4) or revocation (§ 5), he also has him on the expected end of the settlement (§ 2 para. 4 sentence 4) and the legal settlement period (§ 2 para. 4 sentence 4 last Half-sentence).(3) (omitted) A non-official table of contents

§ 13 Claim of the temporary worker's entitlement

The temporary agency worker may, in the case of the transfer of call for information on the essential working conditions, including the remuneration of employees, in the operation of the borrower for a comparable employee of the borrower; this shall not apply in so far as the conditions laid down in § 3 (1) (3) and (2) (2). A non-official table of contents

§ 13a Information on the duty of the borrower about free jobs

The borrower has the temporary agency worker Information to be provided to the workers of the deprivation of the person who are to be occupied. The information may be provided by means of a general announcement at the appropriate place, accessible to the temporary agency worker, in the company and in the company of the borrower. Non-official table of contents

§ 13b Access of temporary worker to community facilities or services

The borrower has a temporary agency worker to grant access to Community facilities or services under the same conditions as comparable workers in the establishment in which the temporary agency worker provides his/her work, unless: different treatment is justified on factual grounds. Community bodies or services within the meaning of the first sentence shall be, in particular, childcare facilities, mass caterers and means of transport. Non-official table of contents

§ 14 Co-operative and co-determination rights

(1) Temporary agency workers also remain at work during the period of their work. a posting member of the distributor's sending operation.(2) Temporary agency workers are not eligible for the election of employee representatives to the Supervisory Board in the borrower and in the election of employee representatives in the company responsible for the management of the employees. They are entitled to visit the office hours of these employee representatives and to participate in the holding and youth meetings in the deprivation establishment. § § 81, 82 (1) and § § 84 to 86 of the German Works Constitution Act also apply in the course of the abducting operation with regard to the temporary agency workers working there.(3) Prior to the takeover of a temporary worker for work performance, the works council of the holding company shall be involved in accordance with Section 99 of the Works Constitution Act. In doing so, the entleist must also submit the written declaration of the distributor in accordance with § 12 (1) sentence 2. He is also obligated to notify the distributor immediately after § 12 para. 2.(4) The first and second sentences of paragraphs 1 and 2 as well as paragraph 3 apply to the application of the Federal Personalization Act (Bundespersonalrepresentation). Non-official table of contents

§ 15 Foreign temporary agency workers without permission

(1) Who, as a distributor, has a foreigner who has a required Residence permit according to § 4 (3) of the Residence Act, a residence permit or a Duldung, which entitles the holder to pursue employment, or does not possess a permit pursuant to Section 284 (1) of the Third Book of the Social Code, contrary to § § 4 (3) of the German Social Code. 1 a third party, without permission, shall be punished with imprisonment of up to three years or a fine.(2) In particularly serious cases, the penalty shall be punishable from six months to five years. A particularly serious case is usually present when the offender acts as a commercial or a grobem self-interest. Non-official table of contents

§ 15a Entleih of foreigners without permission

(1) Who, as a hideout, is a foreigner who has been handed over to him, who is a foreigner The required residence permit pursuant to § 4 (3) of the Residence Act, a residence permit or a Duldung entitling the holder to pursue employment, or a permit pursuant to Section 284 (1) of the Third Book of the Social Code not to work on the working conditions of the temporary employment relationship, which are in a conspicuous relationship with the working conditions of German temporary workers who carry out the same or similar activities, shall be provided with: Imprisonment of up to three years or punishable by fine. In particularly serious cases, the penalty is six months to five years imprisonment; a particularly serious case is usually present when the offender acts as a commercial or a grownmost self-interest.(2) Who, as Entleiher,
1.
at the same time more than five foreigners, who have a required residence permit In accordance with Section 4 (3) of the Residence Act, a residency or a Duldung which entitles the holder to pursue employment, or does not possess a permit pursuant to Section 284 (1) of the Third Book of the Social Code, it is possible to take action or
2.
a premeditated offence referred to in § 16 para. 1 no. 2 repeatedly,
will be punishable by imprisonment of up to one year or with a fine is punished. If the perpetrator is a grofty self-interest, the sentence is a custodial sentence of up to three years or a fine. Non-official table of contents

§ 16 Administrative Offences

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 1, a temporary agency worker leaves a third party without permission,
1a.
a temporary agency worker who has been given to him by a distributor without permission,
1b.
contrary to § 1b sentence 1 Employees leave or act on,
2.
a Abandoned Worker foreign temporary agency worker, who has a required residence permit pursuant to § 4 (3) of the Residence Act, a residency or a Duldung entitling the holder to pursue employment, or a permit pursuant to Section 284 (1) of the Third Book of the Social Code does not possess,
2a.
an ad according to § 1a not correct, not complete or not in good time
3.
a condition pursuant to § 2 para. 2 does not apply completely or not in good time,
4.
an ad according to § 7 para. 1 is not, not correct, not fully or not timely,
5.
An information according to § 7 (2) sentence 1 is not issued, not correct, not complete or not given in time,
6.
its retention obligation does not comply with § 7 paragraph 2 sentence 4,
6a.
contrary to § 7 para. 3 sentence 2 a
7.
a statistical report in accordance with § 8 (1) not correct, not complete or not in good time
7a.
does not grant a work condition in violation of § 10, paragraph 4,
7b.
contrary to § 10 (5) in conjunction with a legal regulation pursuant to § 3a (2) sentence 1, the minimum hourly charge referred to in that paragraph shall not be paid or not paid in due time,
8.
a duty in accordance with Section 11 (1) or (2),
9.
contrary to § 13a sentence 1, the temporary agency worker is not, not properly informed or not fully informed,
10.
contrary to § 13b sentence 1 Access not granted,
11.
contrary to § 17a in conjunction with § 5 paragraph 1 sentence 1 of the The Schwarzarbeitsfighting Act does not tolerate an examination or does not participate in this examination,
12.
contrary to § 17a in conjunction with § 5 (1) sentence 2 of the Illegal labour control law does not tolerate entering a land or a business area,
13.
contrary to § 17a in conjunction with § 5 (3) sentence 1 of the Undeclared work control law data not, not correct, not complete, not transmitted in the prescribed manner or not in due time,
14.
contrary to § 17b The first sentence of the first sentence of paragraph 1 does not apply, not correct, not fully, not in the prescribed manner or in a timely manner,
15.
contrary to § 17b, paragraph 1 Sentence 2 does not make a change report, not correct, not complete, not in the prescribed manner or not in time,
16.
contrary to § 17b paragraph 2 a Insurance not included,
17.
contrary to § 17c (1) a recording not, not correct, not complete or not prepared in time or not or not stored at least two years or
18.
contrary to § 17c (2) a document does not, not correct, not complete or not in the prescribed manner
(2) The administrative offence referred to in points 1 to 1b, 6 and 11 to 18 may be subject to a fine of up to EUR 3 000, and the administrative offence referred to in points 2, 7a and 7b of paragraph 1, with a fine of up to five hundred thousand euro, the administrative offence referred to in paragraph 1 (2a), (3), (9) and (10), with a fine of up to two thousand five hundred euros, shall be punishable by a fine of up to a thousand euros in accordance with points 4, 5, 6a, 7 and 8 of the first paragraph of paragraph 1.(3) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authorities of the customs administration for the administrative offences referred to in paragraphs 1 to 2a, 7b and 11 to 18, for the offences referred to in paragraph 1 Number 3 to 7a as well as 8 to 10 the Federal Employment Agency.(4) § § 66 of the Tenth Book of the Social Code applies accordingly.(5) The fines shall be placed in the cash register of the competent administrative authority. By way of derogation from Section 105 (2) of the Law on Administrative Offences, it bears the necessary outlays and is also liable for replacement within the meaning of Section 110 (4) of the Law on Administrative Offences. Non-official table of contents

§ 17 Implementation

(1) The Federal Employment Agency (Bundesagentur für Arbeit) carries out this law in accordance with specialist instructions from the Federal Ministry of Education and Research for work and social affairs. Administrative costs will not be reimbursed.(2) The examination of the working conditions in accordance with § 10 (5) shall also be carried out by the authorities of the customs administration in accordance with the provisions of Sections 17a to 18a. Non-official table of contents

§ 17a Powers of the customs administration authorities

§ § 2, 3 to 6 and 14 to 20, 22, 23 of the In accordance with the provisions of Section 2 of the Code of Verification and other business documents, which may indirectly be used by the authorities referred to above, the Federal Office for the Protection of the Rights of the Black Working Group shall be able to apply the provisions of the Black Labour Code. or provide direct information on compliance with working conditions in accordance with § 10 (5). Non-official table of contents

§ 17b Reporting obligation

(1) A distributor with a registered office abroad leaves a temporary agency worker for work performance. If a legal regulation according to § 3a applies to the employment relationship, before the beginning of each transfer the competent authority of the customs administration shall have a written application in German with the following information: To derive information:
1.
Family name, first name, and date of birth of the abandoned Temporary worker,
2.
Begin and duration of the transfer,
3.
Location of the Employment,
4.
Home in the country where the documents required by § 17c are kept ready,
5.
Family name, first name and address in Germany of one or one delivery agent of the distributor,
6.
industry in which temporary workers are to be left to, and
7.
surname, first name, or company as well as address of the distributor.
Changes in this information must be reported to the entleier without delay.(2) The person responsible for the registration shall be accompanied by insurance from the distributor that he/she shall comply with his obligations pursuant to § 10 (5).(3) The Federal Ministry of Finance may determine by legal regulation in agreement with the Federal Ministry of Labour and Social Affairs without the consent of the Federal Council,
1.
in which way and under what technical and organizational requirements a Registration, notification of change and insurance may be transmitted electronically, by way of derogation from paragraphs 1 and 2,
2.
under which conditions a The Federal Ministry of Finance can, exceptionally, be omitted and
3.
how the reporting procedure can be simplified or modified.
(4) by means of a regulation without the consent of the Bundesrat, the competent authority shall determine the first sentence of paragraph 1. Non-official table of contents

§ 17c Create and keep documents ready

(1) Insofar as a legal regulation according to § 3a is applied to a work relationship The borrower shall be obliged to record the beginning, the end and the duration of the day-to-day working time of the temporary agency worker at the latest by the end of the seventh calendar day following the day of work, and these records shall be recorded. to be kept for at least two years from the date of the record.(2) Each distributor shall be obliged to carry out the documents required for the control of compliance with a legal regulation in accordance with Section 3a for the entire duration of the actual employment of the temporary worker within the scope of this Act, a total of no more than two years, in German language. At the request of the audit authority, the documents shall also be available at the place of employment. Non-official table of contents

§ 18 Cooperation with other authorities

(1) For the prosecution and prosecution of the administrative offences in accordance with § 16, the The Federal Employment Agency and the customs administration authorities, in particular, together with the following authorities:
1.
the health insurance institutions as catchment points for social security contributions,
2.
the in § 71 of the Residence Law authorities,
3.
the financial authorities,
4.
National law for the prosecution and prosecution of administrative offences in accordance with the law on the protection of the illegal labour force,
5.
the institutions of the Accident insurance,
6.
the State authorities responsible for occupational health and safety,
7.
Pension insurance institutions,
8.
the institutions of social assistance.
(2) For the Federal Employment Agency or the authorities of the Customs Administration, please contact: Implementation of this law on a case-by-case basis concrete evidence for
1.
Violations against the Black labour control law,
2.
an employment or activity of foreigners without the required residence permits in accordance with § 4 (3) of the Residence Act, a Residency or a debt entitling the holder to pursue employment, or a permit pursuant to Section 284 (1) of the Third Book of the Social Code,
3.
Violations of the obligation to act according to § 60 (1) sentence 1 no. 2 of the First Book of the Social Code in relation to a service of the Federal Employment Agency, a carrier of the statutory health, care, accident or pension insurance or a social assistance institution or against the reporting obligation pursuant to § 8a of the Asylum Seekers Benefits Act,
4.
Violations of the regulations of the Fourth and Seventh Book of the Social Code on the obligation to pay social security contributions, in so far as they are related to the referred to in points 1 to 3 as well as with employee surrender contrary to § 1,
5.
Violations of the tax laws,
6.
Violations of the Residence Act,
they inform the authorities responsible for the prosecution and prosecution, the social welfare authorities and the authorities according to § 71 of the Residence Law.(3) In criminal matters which are subject to criminal offences in accordance with § § 15 and 15a, the Federal Employment Agency and the authorities of the Customs Administration are responsible for the prosecution of administrative offences
1.
when criminal proceedings are initiated, the person data of the accused, the offence, the time of the crime and the crime scene,
2.
in the case of the collection of the public action, the final decision on the grounds
to be transmitted. Where the decision referred to in paragraph 2 has been rejected or is referred to in the contested decision, the contested decision shall also be communicated. The transmission shall initiate the enforcement or prosecution of the law enforcement authority. A usage
1.
worker data for measures in their favor,
2.
the employer's data to fill his open workplaces that have become known in connection with the criminal proceedings
3.
the data specified in paragraphs 1 and 2 for decisions on the setting or recovery of services of the Federal Employment Agency
is permitted.(4) (omitted) (5) The authorities of the customs administration shall inform the competent local financial authorities of the content of reports in accordance with § 17b.(6) The authorities of the customs administration and the other authorities referred to in § 2 of the Black Labour Control Act may also, in accordance with the relevant provisions of the relevant data protection provisions, also with authorities of other States parties to the agreement cooperate on the European Economic Area, which shall carry out tasks corresponding to Article 17 (2) or which are responsible for combating illegal employment or may provide information as to whether an employer has fulfilled his obligations under § § 17 (2) of the Treaty 10 (5). The rules on international mutual legal assistance in criminal matters remain unaffected by this. Non-official table of contents

§ 19 Transitional provision

§ 3, paragraph 1, point 3, sentence 4, and § 9, point 2, last half-sentence, shall not apply to Temporary work contracts, which are before the 15. The European Parliament and the Council of the European Union Non-official table of contents

§ 20

(omitted)