Read the untranslated law here: http://www.gesetze-im-internet.de/a_g/BJNR113930972.html
Law governing the temporary work (employee hiring law - AÜG) AÜG Ausfertigung date: 07.08.1972 full quotation: "employee hiring law as amended by the notice of 3 February 1995 (BGBl. I p. 158), most recently by article 7 of the law of 11 August 2014 (BGBl. I S. 1348) has been changed" stand: Neugefasst by BEK. v. 3. 2.1995 I 158;
as last amended by article 7 G v. 11.8.2014 I in 1348 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1982 +++) (+++ supplement due to EinigVtr article 1 article 20 +++) heading: IdF d. Article 63 G v. 24.3.1997 I 594 mWv 1.4.1997 u. d. Article 1 No. 1 G v. peroxid I 642 the G as article 1 G v. 7.8.1972 I in 1393 by the German Bundestag, with the consent of the Federal Council decided. It is under article 6 § 4 of this G mWv 11.10.1972 entered into force.
§ 1 license requirements (1) an employer, as lenders third parties (borrowers) workers (temporary workers) in the framework would leave their economic activity to the work performance, obtain the authorisation. Hiring-out of workers in borrower is temporarily. The secondment of workers to a joint venture formed for the production of a work is no temporary work if the employer is a member of the Association, collective agreements of the same industry apply to all members of the Association and all members on the basis of the Association contract for the independent provision of contractual services are required. For an employer domiciled in another Member State of the European economic area, the secondment of workers to a joint venture formed for the production of a work is also no temporary work when German collective agreements of the same sector as for the other members of the Association do not apply to him, he meets the other requirements of the set of 2 but.
(2) if workers left to third parties to the work performance and assumes not the usual duties of employers or the employers risk Überlassende (section 3 para 1 No. 1 to 3), it is assumed that the mediation assigning work.
(3) this Act is with the exception of § 1 sentence 1, § 16 para 1 No. 1 b and paragraph 2 to 5 as well as the §§ 17 and 18 not to apply to the temporary work 1 between employers in the same industry to avoid short-time work or redundancies, if a collective agreement applicable to the borrower and lender provided, 2 between group companies within the meaning of section 18 of the companies act , if the workers not to the purpose of the provision is adjusted and employs, 2a.
between employers, if the transfer takes place only occasionally and set and employs the workers, not for the purpose of granting, or 3. abroad, if the temporary workers in a german foreign joint venture reasoned on the basis of intergovernmental agreements is conferred, in which the lender is participating.
§ 1a display of assignment (1) any permission requires an employer with fewer than 50 employees, which leaves a worker who is not for the purpose of granting and employs, to avoid short-time work or dismissal of an employer up to a period of 12 months, if he has prior written displayed the provision to the federal employment agency.
(2) in the display are to specify 1. prior - and family name, residence and apartment, day and place of birth of the temporary employee, 2. type of activity of the temporary workers to be paid and any obligation to the foreign power, 3. beginning and duration of assignment, 4. business name and address of the borrower.
§ 1 b limitations in the construction of temporary work according to § 1 in construction sector for jobs that are typically done by workers is not permitted. (It has a) between companies of the construction industry and other businesses, if acquired these companies, declared to be generally binding collective agreements determine this, b) between companies of the construction industry when the lending operation recognised evidence for at least three years from same frame and social collective Fund or the generally binding character.
By way of derogation from sentence 2 is also allowed for the construction sector with headquarters in another Member State of the European economic area, temporary work, when the foreign companies not by German border and social collective agreement cash or for universal application collected declared collective agreements, but evidence for at least three years mostly perform activities, which fall under the scope of same frame and social collective Fund, of which the operation of the borrower is captured.
§ 2 issuance and expiry of licence (1) permission is granted on written request.
(2) the permission can be granted under conditions and associated with requirements to make sure enter no facts which justify the refusal of the permit under section 3. The recording, alteration or addition of conditions are also permitted in the licence.
(3) the permit may be granted subject to the withdrawal, when a final assessment of the application is not yet possible.
(4) the permission is limited to one year. The request for renewal of the permit is to be no later than three months before the end of the year. Permission is extended for an additional year, if the approval authority can refuse the extension before the expiration of the year. In case of rejection permission apply to the processing of contracts concluded pursuant to § 1 allowed as existing on, but not more than twelve months.
(5) the permit may be granted indefinitely, if the lender was for three consecutive years after section 1 allows active. It goes out when the lender of the permission made no use for three years.
paragraph 2a of the fees and disbursements (1) for the processing of applications for grant and extension of the permit imposed by the applicant of fees and expenses.
(2) the Federal Government is empowered to determine the chargeable offences Ordinance and be provided with fixed rates and frame rates. The fee must not exceed 2,500 euro in individual cases.
Section 3 refusal (1) the permit or its renewal is to fail, if the facts justify the assumption that the applicant 1 required reliability does not have for the pursuit of activities referred to in paragraph 1, in particular because it fails to comply with the provisions of social security law, the withholding and payment of wage tax, about the recruitment, through recruitment abroad or foreigners employment, the provisions of the employment protection law or labour law obligations;
2. After determining its operational organisation unable is correctly to perform the usual duties of employers;
3. a temporary employee for the period of assignment to a borrower not granted applicable essential working conditions, including pay in the operation of this borrower for a comparable employee of the borrower. A collective agreement may allow derogations, as far as he is not the minimum hours fees laid down in a regulation according to § 3a paragraph 2, below. Within the scope of the collective agreement non-tariff-bound employers and workers can agree on the application of the tariff regulations. Different tariff rules does not apply for temporary agency workers, who are retired from a working relationship with this or an employer, which is a group within the meaning of section 18 of the companies act with the borrower, in the last six months prior to the transfer of the borrower.
(2) the permit or its renewal is also to fail, if for the pursuit of activities referred to in § 1 companies, plants or companies are provided, which are not located in a Member State of the European Economic Community or another Contracting State to the agreement on the European economic area.
(3) the permission can be refused if the applicant of not German within the meaning of article 116 of the basic law, or if a corporation or other legal entity submits the request, the established not according to German law or has its registered office or Central Administration nor their principal place of business within the territorial scope of this Act.
(4) nationals of the Member States of the European Economic Community or of another Contracting State of the agreement on the European economic area to get permission under the same conditions as German nationals. Companies and legal persons which are established under the legislation of those States and have their registered office, Central Administration or principal place of business within those States are just the nationals of those States. As far as these companies or legal persons while its registered office, however, have its head office or principal place of business within those States, is set 2 only if their activity in actual and continuous link with the economy of a Member State or a Contracting State of the agreement on the European economic area.
(5) nationals of other than the States referred to in paragraph 4, which settle on the basis of an international agreement in the area of application of this Act and this, as well as in their business not less favourably treated may be as German nationals, received permission under the same conditions as German nationals. Companies which are established under the legislation of the other State are equally nationals pursuant to sentence 1.
§ 3a wage lower limit (1) trade unions and associations of employers, which at least partly for their respective members in the temporary work (proposal entitled social partners) are responsible and have together agreed nationwide collectively agreed minimum hours charges relating to the temporary work can the Federal Ministry of labour and Social Affairs jointly suggest binding to set this as a wage floor in a decree; the minimum hours charges can differentiate according to the respective place of employment and include also provisions on appropriate claims including exceptions for this purpose agreed maturity and their requirements. The proposal must include uniform minimum hours charges, as well as a term for rental and hire-free times. The proposal is to give reasons in writing.
(2) the Federal Ministry of labour and Social Affairs can determine if this is necessary in the public interest, in a decree without the consent of the Bundesrat, that application is the proposed tariff minimum hours charges referred to in paragraph 1 as binding wage floor on all employers falling within the scope of the regulation, as well as temporary workers. The authorities can accept the proposal only in terms of content unchanged under the Ordinance.
(3) the legislature has in its decision under paragraph 2 in the context of an overall consideration in addition to the objectives of the Act to consider whether a regulation referred to in paragraph 2 is especially suited to ensure the financial stability of the social security systems. The legislature has to consider the existing nationwide collective bargaining agreements in the temporary work, and 2. the representativeness of the proposing parties to collective 1.
(4) the legislature has several proposals referred to in paragraph 1, in its decision under paragraph 2 in the context of overall balancing required by paragraph 3 particularly into account the representativeness of the proposing parties to collective. In determining the representativeness is primarily aim at 1 the number of falling in the scope of a regulation referred to in paragraph 2 workers who are employed by members of the proposed Association of employers;
2. membership falling in the scope of a regulation referred to in paragraph 2 of the proposed trade unions.
(5) prior to the adoption, a draft of the order in the Federal Gazette is known to do. The Federal Ministry of labour and Social Affairs gives lenders and temporary workers as well as the trade unions and associations of employers, which are at least partially collective responsibility within the scope of the regulation, opportunity to the written opinion within three weeks from the date of notification of the draft of law regulation in the Federal Gazette. After the statement period the proposal be referred to the Committee referred to in § 5 paragraph 1 sentence 1 of the collective agreement law.
(6) collective agreement parties referred to in paragraph 1 proposal authorized the amendment of a regulation adopted pursuant to paragraph 2 together can propose. Paragraphs 1 to 5 are according to application.
Article 4 withdrawal (1) an unlawful permission may be withdrawn with effect for the future. Section 2, paragraph 4, sentence 4 shall apply mutatis mutandis.
(2) the approval authority has the lender at the request of the financial loss to compensate, which it suffers as a result, he who trusts the permission on the stock as far as confidence, weighed against the public interest worthy of protection. The lender cannot rely on trust, if he 1 has obtained the permission through fraud, threat or a criminal offence;
2. the permit has obtained information was incorrect or incomplete in essential relationship, or 3. knew the illegality of the permission or did not know as a result of gross negligence.
The financial loss is not to replace that the distributors of the fleet of the permit has the amount of interest. The financial loss to offset is determined by the approval authority. The can be claimed only within one year; the period starts as soon as the approval authority has pointed out the lender they.
(3) the withdrawal is allowed only within one year of the time in which the permit authority has received knowledge of the facts which justify the withdrawal of the permit.
§ 5 withdrawal (1) which can permit be revoked with effect for the future though 1 revocation of their issuance is; been reserved according to § 2 para 3
2. the lender a pad; fulfilled according to § 2 within a set time period
3. the approval authority on the basis of subsequently occurring facts would be entitled to refuse permission, or 4 would be the permit authority due to a changed legal situation entitled to refuse permission; Section 4, paragraph 2 shall apply mutatis mutandis.
(2) the permit is cancelled with effect of revocation becoming. Section 2, paragraph 4, sentence 4 shall apply mutatis mutandis.
(3) the revocation is inadmissible if a permit of same content would have to be issued again.
(4) the revocation is permitted only within one year of the time in which the permit authority has received knowledge of the facts which justify the revocation of the permit.
Section 6 administrative coercion are temporary workers leave from a lender without the required permit, the permit authority has to deny this to the lender, and according to the regulations of the administrative enforcement Act to prevent the further transfer.
Section 7 has displays and information (1) the lender after the licence unsolicited before indicating the relocation, closure and construction companies, businesses or affiliated the permit authority insofar as they have the practice of temporary work to the subject. If granted permission person aggregates, partnerships or entities and another person is appointed after they were granted the management or representation according to law, statute or memorandum, this is without being asked to show.
(2) the lender has to provide the information the permission authority upon request, which are necessary for the implementation of the Act. The information is truthful, complete, to give time and free of charge. At the request of the approval authority, the lender has to submit business documents from which arises the accuracy of his information, or to make credible his personal data in any other way. The lender has to keep its business records for three years.
(3) in justified cases, the persons designated by the approval authority are authorized to enter land and business premises of the Distributor and to take exams. The lender has to tolerate the measures pursuant to sentence 1. The fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect.
(4) searches can be made only on the orders of the judge at the District Court in whose district the search to be taken. On the challenge of this arrangement the corresponding sections 304 to 310 of the code of criminal procedure apply. At the imminent danger, the persons authorised by the approval authority can perform the necessary searches without warrant during business hours. On the spot is a transcript about the search and your key result to record from, if a warrant is issued, also the facts arise, which have led to the adoption of a danger in delay.
(5) the lender may refuse the information on such questions, whose answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.
§ 8 statistical reports
(1) the lender has the number of licensed temporary workers separated half-yearly statistical reports on 1 the permission authority according to gender, nationality, professional groups and according to the type of employment exercised prior to the grounds of the contract to the lender, 2 the number of use cases, classified according to industry groups, 3. broken down by economic groups, 4 the number of the borrower, which he has left to temporary agency workers, the number and the duration of employment , which he entered with each licensed temporary workers, the number of employment days each licensed temporary workers, divided use cases, to refund 5. The approval authority may restrict the reporting obligation pursuant to sentence 1.
(2) the messages are for the first six months of the calendar to September 1 of the current year, to reimburse for the second half of calendar year until March 1 of the following year.
(3) the permit authorities are out survey forms for the implementation of paragraph 1. The messages are to report on these forms. The accuracy of the information is to be confirmed by signature.
(4) the particulars referred to in paragraph 1 are the permit authority secret. Para 1, § 111 paragraph 5 in conjunction with article 105, paragraph 1, and article 116, paragraph 1, of the tax code do not apply the sections 93, 97, 105. This does not apply as far as the financial authorities need the knowledge to perform a procedure due to a Steuerstraftat, as well as a related taxation system whose pursuit is a compelling public interest, or where it is deliberately false information of the respondents or the persons working for him. Publications of results on the basis of reports referred to in paragraph 1 may contain any particulars. A summary of information more than one Auskunftspflichtiger is no single indication within the meaning of this paragraph.
§ 9 invalidity are ineffective: 1. agreements between lenders and borrowers and lenders and temporary workers, if the lender has not permission required according to § 1 2. agreements which provide for the temporary employee for the period of assignment to a borrower poorer than that in force the operation of the borrower for a comparable employee of the borrower essential working conditions, including pay; a collective agreement may allow derogations, as far as he falls in a legal regulation according to § 3a paragraph 2 established minimum hours charges; within the scope of the collective agreement non-tariff-bound employers and workers can agree on the application of the tariff regulations; a different tariff regime does not apply for temporary workers, which are eliminated in the last six months prior to the transfer of the borrower from a working relationship with this or an employer, which is a group within the meaning of section 18 of the companies act with the borrower, 2a.
Agreements that restrict the access of temporary workers for the community facilities or services in the company of the borrower contrary to § 13 b, 3. agreements that prohibit the borrower, the temporary employee at a time set, in which its working relationship with the lender no longer exists; This the agreement of a reasonable reward between lender and borrower for the mediation took place after previous rental or previous rental does not preclude, 4. agreements that prohibit the temporary workers, with the borrower at a time in which the employment relationship between lender and borrower work no longer exists, to enter into an employment relationship, 5 has to pay a brokerage payment to the lender agreements, according to which the temporary agency workers.
§ 10 consequences of invalidity, obligations of the employer to grant the working conditions (1) is the contract between a lender and a temporary workers pursuant to § 9 No. 1 void, so is an employment relationship between borrower and temporary workers at the time provided between the borrower and the lender for the beginning of the activity as concluded. the ineffectiveness occurs only after starting work with the borrower, the employment relationship between borrower and temporary workers with the entry of the invalidity is considered concluded. The employment relationship is considered pursuant to sentence 1 limited, if the activity of the temporary employee at the borrower only temporary was envisaged and a cause that is objectively justifiable fixed term of employment. Pursuant to sentence 1, the work time allotted between the lender and the borrower applies to employment as agreed. In addition, content and duration of this employment relationship determine according to the rules for the operation of the borrower and other regulations; they do not exist, those of comparable companies apply. The temporary workers is at least entitled to the remuneration agreed upon with the lender against the borrower.
(2) the temporary workers can demand no. 1 in the case of the invalidity of his contract with the distributors pursuant to § 9 of this compensation, he suffers as a result, his reliance on the validity of the Treaty. Obligation to pay damages will not occur if the temporary workers knew the reason of the ineffectiveness.
(3) the lender the agreed remuneration or parts to the temporary employee pay pays, although the contract is ineffective pursuant to § 9 No. 1, he has other parts of pay which would be paid at an effective contract of employment for the temporary employee to another, to pay to the other. With regard to the obligation to pay the lender applies in addition to the borrower as an employer; both are liable in so far as jointly and severally liable.
(4) the lender is obliged to grant a temporary employee for the period of granting to the borrower for a comparable employee of the borrower applicable to the operation of the borrower essentially working conditions, including pay. As far as derogations apply a collective agreement applicable to the employment relationship (article 3 paragraph 1 number 3, § 9 paragraph 2), the lender has to grant a temporary employee working conditions due under this collective agreement. As far as such a collective agreement established minimum hours charges is less than that in a legal regulation according to § 3a paragraph 2, the lender has to grant the remuneration to be paid in the operation of the borrower for a comparable employee of the borrower for one hour of work a temporary employee for every hour worked. In the case of the invalidity of the agreement between lender and borrower work according to § 9, number 2 has the lender to grant a temporary employee for a comparable employee of the borrower applicable to the operation of the borrower essentially working conditions, including pay.
(5) the lender is obliged to pay at least the minimum hourly rate fixed in a regulation according to § 3a paragraph 2 for the time of assignment and for times without hiring a temporary employee.
§ 11 regulations on the temporary employment relationship (1) proof of the essential terms and conditions of the temporary employment relationship depends on the provisions of the evidence Act. In addition to the information mentioned in section 2, paragraph 1, of the law of evidence in the transcript record are: 1 company and address of the Distributor, the permit authority as well as place and date of issuance of the permit pursuant to § 1, 2. nature and level of benefits for periods in which the temporary employee is not awarded.
(2) the lender is also obliged, handed a leaflet of the permit authority over the substance of this law a temporary employee at conclusion of the contract. Non-German temporary workers receive the information sheet and the proof pursuant to paragraph 1 upon request in their own language. The lender bears the cost of the sheet.
(3) the lender has the temporary workers immediately on the date of the removal of the permission to teach. In cases of non-renewal (§ 2 para 4 sentence 3), which has withdrawn (section 4) or of revocation (§ 5) he him also to the expected end of the processing (§ 2 para 4 sentence 4) and the legal settlement period (§ 2 para 4, sentence 4 last half sentence) to point out.
(4) sec. 622 para 5 No. 1 of the civil code is not to apply to employment relationships between lenders and temporary agency workers. The right of temporary workers to refund in case of default in acceptance of the Distributor (§ 615 sentence 1 of the German civil code) can be lifted not by treaty or limited; Section 615, sentence 2 of the German civil code remains unaffected. The right of temporary workers to compensation can be annulled by agreement by short-time working for the time, for the unemployment benefit is paid a temporary employee after the third book of the social code; such an agreement may exclude the right of temporary workers to remuneration until no later than 31 December 2011.
(5) the temporary employee is not obliged to be engaged where it is directly affected by a labor dispute with a borrower. In the cases of a labour struggle pursuant to sentence 1, the lender has the temporary workers the right to refuse to point out the work performance.
(6) the activity of temporary agency workers when the borrower is subject to the public rules applicable to the operation of the borrower of the labour protection law; thereof which are resulting obligations for the employer if the borrower without prejudice to the obligations of the Distributor. In particular, the borrower has the temporary employee prior to employment and at changes in his workspace on risks to safety and health, where it can be exposed at work, as well as the measures and facilities to avert these dangers to teach. The borrower shall inform the temporary agency workers also need special qualifications or vocational skills or a special medical surveillance as well as increased special hazards of the workplace.
(7) the temporary workers made an invention or a technical improvement proposal during the duration of the activity when the borrower, the borrower shall be deemed an employer within the meaning of the Act on employees inventions.
§ 12 legal relationships between lender and borrower (1) if the contract between the lender and the borrower in writing. In the document, the lender has to explain whether he has the permission referred to in § 1. The borrower has to specify in the deed which characteristics has the activity intended for the temporary workers and what professional qualifications that is required and which apply in the operation of the borrower to a comparable employee of the borrower essential working conditions, including pay; The latter does not apply as far as the criteria no. 3 and § 9 exception referred to in no. 2 exist which in article 3, paragraph 1.
(2) the lender has the borrower immediately on the date of the removal of the permission to teach. In cases of non-renewal (§ 2 para 4 sentence 3), which has withdrawn (section 4) or of revocation (§ 5) he him also to the expected end of the processing (§ 2 para 4 sentence 4) and the legal settlement period (§ 2 para 4, sentence 4 last half sentence) to point out.
(3) (dropped out) in the case of the provision of its borrowers information in applicable operation of the borrower to a comparable employee of the borrower essentially working conditions, including pay demand article 13 right to information of temporary workers who can temporary workers; This does not apply as far as the criteria no. 3 and § 9 exception referred to in no. 2 exist which in article 3, paragraph 1.
section 13a of the obligation of the borrower over free jobs of the borrower has the temporary workers of jobs of the borrower, which are to be filled to inform. The information can be done by General announcement at appropriate, the temporary workers accessible point in the operation and business of the borrower.
section 13 (b) access of agency workers to community facilities or services of the borrower has to grant the temporary workers access to community facilities or services in the company under the same conditions as comparable workers in the operation, in which the temporary agency workers provides his job performance, unless different treatment is justified on objective grounds. Community facilities or services within the meaning of sentence 1 are especially child-care facilities, catering and transport.
§ 14 (1) temporary workers remain participation and codetermination rights members of the sending operation of the Distributor even during the period of their work performance in a borrower.
(2) temporary workers are not selectable in the election of employee representatives to the Supervisory Board in the user company and the election of constitutional operation employee representatives in the operation of the borrower. You are entitled to seek the consultation of the employee representatives and to take part in the operation and youth gatherings in the operation of the borrower. The § § 81, 82 par. 1 and sections 84 to 86 of the works Constitution Act apply in the borrower in relation to the working there temporary workers.
(3) prior to the acquisition of a temporary employee work performance, the Works Council of the borrower company is according to section 99 of the works Constitution Act to participate in. Yet, the borrower has to submit the written explanation of the Distributor the Council according to article 12, paragraph 1, sentence 2. He is also committed to immediately announce releases of the Distributor pursuant to article 12 paragraph 2 the Works Council.
(4) the set 1 and 2 and paragraph 3 apply paragraphs 1 and 2 for the application of the Federal staff representation act accordingly.
Section 15 (1) who as lender leaves a third party without permission violates article 1 a foreigner, a necessary residence permit according to § 4 para 3 of the residence Act, a stay permit, or a submission, which entitle, or does not have a licence pursuant to § 284 paragraph 1 of the third book of the social code, for the purpose of employment, will be up to three years foreign temporary workers without approval punishable or punished with fines.
(2) in especially serious cases, the punishment is imprisonment from six months up to five years. A particularly serious case usually exists when the perpetrator is professional or gross selfishness.
section 15a of the posting by foreigners without permission (1) who as a borrower a licensed foreigners, a necessary residence permit according to § 4 para 3 of the residence Act, a stay permit, or a submission, which entitle, or does not have a licence pursuant to § 284 paragraph 1 of the third book of the social code, to the exercise of the Employment Act on working conditions of temporary employment relationship him leaves which are available in a striking disproportion German temporary workers labor conditions , that same or engage in any similar activity is punishable by up to three years or punished with fines. In particularly serious cases, the punishment is imprisonment from six months up to five years; a particularly serious case usually exists when the perpetrator is professional or gross selfishness.
(2) Whoever as borrower 1 at the same time more than five foreigners, a necessary residence permit according to § 4 para 3 of the residence Act, a stay permit or a submission, which entitle, or do not possess a licence pursuant to § 284 paragraph 1 of the third book of the social code, to the exercise of the Employment Act allows or 2 a in § 16 section 1 reviewed no. 2 intentional infringement referred to persistently , is punishable by up to one year or punished with fines. The perpetrators of gross selfishness, is, the penalty is imprisonment up to three years or a fine.
Section 16 offences (1) any person who intentionally or negligently 1 is contrary to § 1 a temporary workers leaves a third party without permission, 1a.
one worked him from a lender without permission provided temporary workers are can be 1B. violates article 1 b 1 employee leaves set or operate can be, 2. a him licensed foreign temporary workers, a necessary residence permits according to § 4 para 3 of the residence law, a stay permit or a submission, which entitle, for the purpose of employment or a licence pursuant to § 284 paragraph 1 of the third book of the social code does not have that Act allows, 2a.
a display according to § 1a incorrectly, incompletely or not timely reimbursed, 3. a circulation according to § 2 para 2 not, not fully or not in time to comply with, 4. not, incorrectly, incompletely or not timely filed a charges pursuant to § 7 para 1, 5 not, incorrectly, incompletely or not timely given information according to § 7 paragraph 2 sentence 1, does not comply with his retention obligation according to § 7 paragraph 2 sentence 4 6 , 6a.
contrary to section 7, paragraph 3, sentence 2 a there called measure does not condone, 7 not, incorrectly, incompletely or not timely given a statistical message according to article 8, paragraph 1, 7a.
contrary to section 10, paragraph 4 a working condition is not granted, the minimum hourly rate there called not or not timely pay 7. contrary to article 10 paragraph 5 in connection with a legal regulation according to § 3a paragraph 2 sentence 1, 8 an obligation according to article 11, paragraph 1 or paragraph 2 does not comply with, 9 contrary to section 13a, sentence 1 does not, not properly or not fully informed the temporary workers, 10 contrary to § 13 b set 1 access not granted , 11 contrary to § 17a in conjunction with § 5 paragraph 1 sentence 1 of the undeclared work fighting law an exam does not condone or no effect during this test, 12 contrary to § 17a in conjunction with § 5 paragraph 1 sentence 2 of undeclared work fighting law entering a parcel of land or business premises do not condone, 13 contrary to § 17a in connection with article 5 paragraph 3 sentence 1 of the undeclared work fighting law data do not, not properly , not completely, not in the prescribed manner or in a timely manner 14 violates article submitted, 17 b paragraph 1 sentence 1 a registration not, not, not fully, not in the prescribed manner or in time leads to, 15 contrary to section 17 paragraph 1 sentence 2 a change message not properly, not completely, is not in the prescribed manner or in a timely manner, 16 violates article not provided for in the insurance 17 b, paragraph 2 , 17.
contrary to section 17c paragraph 1 not, incorrectly, incompletely or not in time created a recording or not or at least two years kept 18 violates article 17 c a surface not, not, not fully or not holds paragraph 2 in the prescribed manner.
(2) the offence referred to in paragraph 1 number 1 to 1 b, 6 and 11 to 18 may with a fine up to thirty thousand euro, the offences referred to in paragraph 1 number 2, 7a, and 7B with a fine up to five hundred thousand euros, the offences referred to in paragraph 1 number 2a, 3, 9 and 10 with a fine up to two thousand five hundred euros, the offences referred to in paragraph 1 number 4 , 5, 6a, 7 and 8 with a fine punishable up to thousands of euros.
(3) administrative authorities within the meaning of § 36 para 1 No. 1 of the code of administrative offences are for the offences referred to in paragraph 1 number 1 to 2a, 7B and 11 to 18 the authorities of the customs administration, for the offences referred to in paragraph 1 number 3 to 7a and 8 to 10 the federal employment agency.
(4) § § 66 of the tenth book of the social code shall apply mutatis mutandis.
(5) the amount of the fines flowing into the coffers of the competent administrative authority. It carries the necessary expenses by way of derogation from article 105 par. 2 of the law on administrative offences and is also liable within the meaning of § 110 4 of the code of administrative offences.
§ 17 bushing (1) the lead federal agency for work this law by technical Directives of the Federal Ministry of labour and Social Affairs. Administrative costs will not be refunded.
(2) the inspection of working conditions is the Customs authorities according to § 10 paragraph 5 also in accordance with the sections 17a-18a.
§ 17a to apply customs that are §§ 2, 3 to 6 and 14 to 20, 22, 23 of the undeclared work fighting act according to powers of the authorities with the proviso that the authorities mentioned therein can take also insight into employment contracts, records pursuant to section 2 of the evidence Act and other business documents that directly or indirectly provide information about compliance with the working conditions according to § 10 paragraph 5.
§ 17b notification (1) a lender headquartered abroad leaves a temporary employee to work a borrower, the borrower has, unless a legal regulation applies according to § 3a on the employment relationship, to send a written application in German language with the following information prior to each provision the competent authority of the Customs Administration: 1 family name, first name and date of birth of the licensed temporary workers, 2. commencement and duration of assignment , 3. place of employment, 4th place domestically, which provided the documents required by section 17c, 5. family name, forenames and address in Germany of an or an authorised agent of the Distributor, 6 industry in that temporary workers should be left, and 7 family name, first name or company and address of the Distributor.
The borrower has changes to this information immediately.
(2) the borrower has sign an insurance of the Distributor to accompany that it complies with its obligations according to § 10 paragraph 5.
(3) the Federal Ministry of finance may by regulation in agreement with the Federal Ministry of labour and Social Affairs without the consent of the Federal Council determine, 1 that, in what manner and under what technical and organisational conditions a registration change notice and insurance by way of derogation can are sent electronically by paragraphs 1 and 2, 2. conditions under which exceptional cases can be omitted a change message, and 3 as the reporting process can be simplified or cast off.
(4) the Federal Ministry of finance to determine by Decree without the consent of the Federal Council pursuant to paragraph 1 sentence 1 the competent authority.
§ 17c creating and holding of documents (1) If a legal regulation according to § 3a on an employment application, is obliged to record start, end and duration of daily working time of the temporary employee of calendar day until following the expiration of the seventh on the day of the performance and to keep these records at least two years starting from the material time for the recording of the borrower.
(2) every lender is committed to the documentation required for the verification of compliance with legal regulation according to § 3a in Germany for the duration of actual employment of temporary workers within the territorial scope of this Act, total but not more than two years, to stand in the German language. There are the documents at the place of employment to provide at the request of the audit authority.
Article 18 cooperation with other agencies (1) to the persecution and prosecution of the offences according to section 16 the federal employment agency and the authorities of the Customs Administration in particular following cooperate with authorities: 1 the institutions of health insurance as entry points for social security contributions, 2. the authorities referred to in paragraph 71 of the residence Act, 3 the financial authorities, 4. the after national law for the pursuit and punishment of offences according to the moonlighting combat law authorities , 5. the sources of accident insurance, 6 country authorities responsible for occupational safety and health, 7 the pension insurance carriers, 8 the institutions of social welfare.
(2) result for the Federal Agency for work or the authorities of the Customs Administration in the implementation of this law in a particular case concrete evidence for 1 violating the undeclared work fighting law, 2. an employment or occupation by foreigners without the required residence permit according to § 4 para 3 of the residence law, a stay permit or a submission, which entitle, for the purpose of employment or a permit to § 284 paragraph 1 of the third book of the social code , 3. violations of the obligation to cooperate according to article 60, paragraph 1, sentence 1 No. 2 of the first book the social law against an Office of the federal employment agency, a carrier of the statutory sickness, care -, accident - or pension insurance or a carrier of social assistance or against the reporting obligation according to paragraph 8a of the asylum seeker performance Act, 4. offences against the rules of the 4th and 7th book of social law of the obligation to pay social insurance contributions , to the extent that in connection with the infringements referred to in paragraphs 1 to 3, as well as with temporary work violates article 1, violations of the tax laws, 6 5 violations of the Federal residence Act, teach them the authorities responsible for the persecution and punishment, the bearers of social assistance and the authorities under section 71 of the residence Act.
(3) in criminal matters that have criminal offences according to the § § 15 and 15a to the subject, the personal data of the accused, the criminal offence, the time of the crime and the crime scene are the federal employment agency and the authorities of the Customs Administration to the prosecution of offences 1. initiation of criminal proceedings, the decision concluding the procedure ground to submit 2. in the case of bringing the public action. An appeal is been discarded with the decision referred to in paragraph 2 or in the contested decision reference is made to, is also the decision to transmit. The resubmitted the Strafvollstreckungs - or the law enforcement agency. Use 1 of the data of workers for measures in their favor, 2. the data of the employer the cast its open jobs that are known in connection with criminal proceedings, 3. the data referred to in paragraphs 1 and 2 for decisions relating to the adjustment or recovery of services of the federal employment agency is allowed.
(4) (dropped out) (5) which shall inform the Customs authorities the responsible local financial authorities about the content of messages according to § 17 b (6) allowed authorities of the customs administration and the remainder of this § 2 of undeclared work against Act authorities. in accordance with the applicable data protection regulations also with authorities of other Contracting States of the agreement on the European economic area work who perform tasks corresponding to § 17 paragraph 2 or are responsible for combating illegal employment can provide information , whether an employer to fulfil its obligations according to § 10 paragraph 5. Remain unaffected by the provisions on international legal assistance in criminal matters.
Article 19 transitional provision of § 3 paragraph 1 No. 3 set 4 and § 9 number 2 last half sentence shall not apply to temporary employment relationships that have been established before December 15, 2010.
Article 20 (dropped out)
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