Advanced Search

Law governing the provision of workers ' surrender

Original Language Title: Gesetz zur Regelung der Arbeitnehmerüberlassung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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

Unofficial table of contents

AÜG

Date of completion: 07.08.1972

Full quote:

" The Act of Workers ' Readmission 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).

Status: New by Bek. v. 3. 2.1995 I 158;
Last amended by Art. 7 G v. 11.8.2014 I 1348

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 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 decided as Article 1 G v. 7.8.1972 I 1393 of the Bundestag with the consent of the Bundesrat. It's gem. Art. 6 § 4 of this G mWv 11.10.1972 entered into force. Unofficial table of contents

§ 1 The requirement for authorisations

(1) Employers who, as distributors, wish to leave to third parties (borrowers) employees (temporary workers) in the course of their economic activity in order to work, require the permission. 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. For an employer with a registered office in another Member State of the European Economic Area, the secondment of employees 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 work. if German collective agreements of the same economic sector as for the other members of the working group do not apply to him, but he satisfies the other conditions laid down in the second sentence. (2) Employees are left to work by third parties for work and does not assume the usual employer obligations or the employer's risk (§ 3 para. 1 no. 1 to 3), it is presumed that the transfer of employment is carried out. (3) This law is not applicable with the exception of § 1b sentence 1, § 16 paragraph 1 no. 1b and para. 2 to 5 as well as § § 17 and 18. to workers ' surrender
1.
between employers in the same sector to avoid short-time work or redundancies, where a collective agreement for the removal and distribution of the contract provides for this:
2.
between Group companies within the meaning of Section 18 of the German Stock Corporation Act, if the employee is not hired and employed for the purpose of overtaking,
2a.
between employers, where the transfer is carried out only occasionally and the employee is not hired and employed for the purpose of a transfer, or
3.
abroad, if the temporary agency worker is awarded in a German-foreign joint venture established on the basis of intergovernmental agreements, in which the distributor is involved.
Unofficial table of contents

§ 1a Display of the surrender

(1) No permit shall be granted to an employer of less than 50 employees who, in order to avoid short-time work or dismissal of an employer, shall have a worker who is not recruit and employed for the purpose of leaving the employer, until the duration of the period of time of the worker's employment of twelve months, if he has previously indicated the transfer in writing to the Federal Employment Agency. (2) indicate in the ad
1.
Name and surname, place of residence and apartment, day and place of birth of the temporary worker,
2.
the nature of the activity to be carried out by the temporary agency worker and any obligation to perform at the external level,
3.
the beginning and duration of the transfer;
4.
Company and address of the deprivation.
Unofficial table of contents

§ 1b Restrictions in the construction sector

Employee surrender in accordance with § 1 in the construction industry for works which are usually carried out by workers is inadmissible. It is permitted
a)
between establishments in the construction industry and other undertakings, where these establishments are responsible for determining the collective agreements which have been declared universally applicable,
b)
between holdings in the construction industry where it has been shown that the holding of the holding has been recognised for at least three years by the same collective and social collective agreements or by the general obligation to which they are to be applied.
By way of derogation from the second sentence, for establishments in the construction industry with a registered office in another Member State of the European Economic Area, a worker's transfer shall also be permitted if the foreign holdings are not provided by the German framework, and collective agreements or collective agreements which have been declared universally binding, but which have been shown to carry out, for at least three years, mainly activities which fall within the scope of the same framework and Social insurance contracts, which cover the operation of the hideout. Unofficial table of contents

§ 2 Granting and Erasing of Permission

(1) permission is granted on written request. (2) permission may be granted under conditions and subject to conditions to ensure that no facts arise which, according to § 3, justify the failure of the permission. The acceptance, amendment or amendment of conditions shall also be permitted after the granting of the permission. (3) The permission may be granted subject to the withdrawal if a final assessment of the application is not yet possible. (4) The Permission is 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 case of rejection, the permission for the settlement of the contracts concluded in accordance with § 1 shall be deemed to be valid, but not more than 12 months. (5) The permission may be granted for an unlimited period of time if the distributor has three for consecutive years in accordance with § 1. It shall be lost if the distributor has not made use of the permit for a period of three years. Unofficial table of contents

§ 2a Fees and charges

(1) The applicant shall be subject to charges and levies for the processing of applications for the grant and renewal of the licence. (2) The Federal Government is empowered to draw up, by means of a legal regulation, the chargeable facts of the case closer to and to lay down fixed rates and framework rates. The fee may not exceed 2,500 Euro in individual cases. Unofficial table of contents

§ 3 Versagung

(1) The permission or extension thereof shall be refused if the facts justify the acceptance that the applicant shall:
1.
does not possess the reliability required for the performance of the activity referred to in Article 1, in particular because it provides for 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 the obligations of employment law are not fulfilled;
2.
after the organisation of its operational organisation, it is not in a position to properly fulfil the usual employers ' obligations;
3.
the temporary agency worker shall not be granted, for the period of surrender to a borrower, the essential working conditions, including the remuneration, in the operation of that borrower for a comparable worker of the borrower. 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 (AktG).
(2) The authorization or extension thereof shall also be refused where the activities referred to in Article 1 shall be carried out in accordance with the provisions of Article 1 of the European Economic Community or a Member State of the European Economic Community or of any other undertaking or part of the undertaking or any other undertaking which is not (3) The permission may be refused if the applicant is not a German within the meaning of Article 116 of the Basic Law or if a company or legal entity is a member of the German Government. the person who is 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 will be granted permission under the same conditions as German nationals. The nationals of those States shall be the same as companies and legal persons established under the legislation of those States and having their registered office, their head office 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. (5) nationals of States other than those referred to in paragraph 4, who are nationals of a Member State other than those referred to in paragraph 4, which are nationals of a Member State other than those referred to in paragraph 4. in the scope of this Act, and in the case of its Business activities may not be treated less favourably than 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. Unofficial table of contents

§ 3a wage lower limit

(1) Trade unions and associations of employers who are responsible at least for their respective members of the employees ' omission (collective bargaining parties eligible for the contract) and national minimum wage charges for the Federal Republic of Germany in the field of employee surrender, the Federal Ministry of Labour and Social Affairs may jointly propose to make it binding as a wage lower limit in a legal regulation; the minimum hourly charges can be differentiated according to the respective place of employment and include provisions relating to the maturity of such claims, including any agreed exceptions and the conditions of such exceptions. 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 The minimum hourly charges referred to in paragraph 1 shall be applied to all employers and temporary agency workers within the scope of the Regulation as the mandatory wage ceiling. The legislator can only incorporate the proposal in the legislative decree unchanged. (3) In its decision under paragraph 2, the legislator, in the context of an overall assessment, has to examine, in addition to the objectives of this law, whether a In particular, the legal regulation referred to in paragraph 2 is capable of ensuring the financial stability of social security systems. The Regulation shall take account of:
1.
the existing national collective agreements in the employee surrender and
2.
the representativeness of the preloving collective bargaining parties.
(4) In the case of a number of proposals referred to in paragraph 1, the legislator, in its decision referred to in paragraph 2, shall, within the framework of the overall balance required in accordance with paragraph 3, give special consideration to the representativeness of the parties to the collective bargaining agreement. consideration. In the determination of representativeness, priority shall be given to the
1.
the number of employees falling within the scope of a legal regulation referred to in paragraph 2, who are employed by members of the employers ' association;
2.
the number of members of the proposed trade unions falling within the scope of a legal regulation referred to in paragraph 2.
(5) A draft of the legal regulation in the Federal Gazette (Bundesanzeiger) is to be published before the adoption. 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 expiry of the time limit, the committee referred to in the first sentence of Article 5 (1) of the Collective Agreement Act shall be referred to the proposal. (6) In accordance with paragraph 1, the parties to the collective agreement shall jointly be entitled to change a party referred to in accordance with paragraph 2. Adopted by the Commission. Paragraphs 1 to 5 shall apply by analogy. Unofficial table of contents

§ 4 Revocation

(1) An unlawful permit may be withdrawn with effect for the future. § 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 trusted in the stock of the permit, in so far as his confidence is under consideration with the Public interest is worthy of protection. The distributor may not rely on trust if he/she
1.
has obtained permission from deceptive deception, threat or punishable offence;
2.
has obtained the authorisation by means of information which was inaccurate or incomplete in relation to the essential relationship; or
3.
was aware of the illegality of the licence or was not aware of it as a result of gross negligence.
However, the asset disadvantage shall not be replaced by the amount of interest which the distributor has in 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 notified the distributor to them. (3) The withdrawal is only allowed within a year since the date in which the Permission authority has been informed of the facts justifying the withdrawal of the permit. Unofficial table of contents

§ 5 Revocation

(1) The permission may be revoked with effect for the future, if:
1.
the revocation has been reserved for the grant in accordance with section 2 (3);
2.
the distributor has not fulfilled an obligation pursuant to § 2 within a time limit laid down by him;
3.
the authorizing authority would be entitled to refuse permission on the basis of facts subsequently entered into; or
4.
the granting authority, on the basis of an amended legal situation, would be entitled to refuse permission; § 4 (2) shall apply mutadenly.
(2) The permission shall become ineffective with the effect of the revocation. § 2 (4) sentence 4 shall apply accordingly. (3) The revocation shall be inadmissible if a permit of the same content should be re-issued. (4) The revocation shall be admissible only within one year from the date in which the authorizing authority of the Facts which justify the revocation of the permit. Unofficial table of contents

§ 6 Administrative force

If temporary agency workers are left to a distributor without the necessary permission, the permission authority shall prohibit the distributor from doing so and prevent the further transfer in accordance with the provisions of the Administrative Enforcement Act. Unofficial table of contents

§ 7 Ads and information

(1) The distributor has to notify the granting authority, after issuing the permit, of the transfer, closure and establishment of establishments, parts of businesses or ancesuits previously, in so far as they are responsible for the exercise of the employee surrender. Object. 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 (2) The distributor shall, on request, give the authorisation authority 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 distributor has to keep his business records for three years. (3) In justified individual cases, the persons authorised by the approval authority are 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 take place. § § 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, the facts will also arise which have resulted in the acceptance of a danger in default. (5) The distributor may refuse to reply 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 Code of Civil Procedure of the risk of criminal prosecution or of proceedings after the Law on Administrative Offences would suspend. Unofficial table of contents

§ 8 Statistical reports

(1) The rental authority shall submit a semi-annual statistical report to the approval authority.
1.
the number of temporary workers made redundant by sex, by nationality, by professional group and by the nature of the employment carried out before the establishment of the contractual relationship,
2.
the number of cases of injunctions, broken down by economic groups,
3.
the number of borrowers to whom he has left temporary workers, broken down by economic groups,
4.
the number and duration of the employment contracts he has received with each of the temporary agency workers made redundant,
5.
the number of employment days of each temporary agency worker, broken down by type of transfer,
. The authorization authority may limit the reporting obligation in accordance with the first sentence. (2) The reports shall be reported for the first half-year until 1 September of the current year, for the second calendar half-year up to 1 March of the following year. (3) The In order to implement the provisions of paragraph 1, permit authority shall issue survey forms. The reports shall be reported on these forms. The accuracy of the information is to be confirmed by signature. (4) The details 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 from the party responsible for information or the persons working for him. 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. Unofficial table of contents

§ 9 Unefficacy

The following are not effective:
1.
contracts between distributors and borrowers, and between distributors and temporary workers, if the distributor does not have the permission required in accordance with § 1,
2.
Agreements which, in respect of the temporary agency worker for the period of the transfer to a borrower, are less than the essential working conditions in force for a comparable worker in the borrower, including the A collective agreement may allow deviating arrangements to the extent that it does not fall below the minimum hourly rates laid down in a legal regulation pursuant to Article 3a (2); the scope of such a collective agreement may be subject to the following conditions: non-tariff employers and employees the application of the collective agreements shall not apply to temporary workers who, in the last six months prior to being released, have to pay for the employment of this or an employer who has been working with the employer A group of companies within the meaning of Section 18 of the German Stock Corporation Act (AktG) is excreted,
2a.
agreements which restrict the access of the temporary worker to the Community bodies or services in the company of the borrower, contrary to Section 13b,
3.
Agreements which prohibit the borrower from disclosing the temporary agency worker at a time when his/her employment relationship is no longer available to the distributor; this includes the agreement of an appropriate remuneration between distributors and It is not necessary for the transfer to be made after the previous rental or by means of a previous hire,
4.
Agreements which prohibit the temporary agency worker to enter into an employment relationship with the borrower at a time when the employment relationship between the distributor and the temporary agency worker is no longer in place,
5.
Agreements according to which the temporary agency worker has to pay a brokerage allowance to the distributor.
Unofficial table of contents

§ 10 Legal consequences of invalidity, obligations of the employer for the granting of working conditions

(1) Where the contract between a distributor and a temporary agency worker is ineffective in accordance with Article 9 (1), the employment relationship between the borrower and the temporary agency worker shall apply to the employment relationship between the borrower and the distributor for the commencement of the activity , the employment relationship between the borrower and the temporary agency worker shall be deemed to have been concluded with the occurrence of the invalidity period. 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 is entitled to at least the remuneration agreed upon by the rental company. (2) In the event of the invalidity of his contract with the distributor, the temporary agency worker may, according to § 9 No. 1 of this compensation, be entitled to compensation for the damage. , which 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) The rental company pays the agreed remuneration or part of the remuneration to the temporary agency worker, although the contract is ineffective in accordance with § 9 No. 1 , it shall also have to pay other parts of the pay which would be payable for the temporary worker to another person in the case of an effective employment contract. In respect of this obligation to pay, the distributor shall be deemed to be an employer in addition to the borrower; both shall be liable as the total debtor. (4) The distributor shall be obliged to pay the temporary worker to the borrower for the period of time of the transfer to the borrower. of the borrower for a comparable worker of the borrower, in accordance with the essential working conditions, including the remuneration of the pay. To the extent that a collective agreement applicable to the contract of employment meets different rules (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. (5) The distributor is obliged to provide the temporary agency worker with at least that in a legal regulation pursuant to Section 3a (2) for the period of the transfer and for periods without a transfer fixed minimum hourly rates. Unofficial table of contents

Section 11 Other provisions concerning the temporary employment relationship

(1) Proof of the essential contractual terms and conditions of the temporary employment relationship shall be determined in accordance with the provisions of the Verification Act. In addition to the information referred to in § 2 (1) of the Detection Act, the following shall be included in the minutes:
1.
Company and address of the distributor, the authorizing authority and the place and date of the granting of the permission in accordance with § 1,
2.
Type and amount of benefits for periods in which the temporary agency worker is not awarded.
(2) The distributor shall also be obliged to issue to the temporary agency worker, when the contract is concluded, a factsheet of the authorizing authority 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 departure 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 sentence (4) Section 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 period 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 (5) The temporary agency worker is not obliged to be active 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 worker to the right to refuse to work. (6) The activity of the temporary worker in the borrower shall be subject to the conditions for the operation of the borrower current public law provisions in respect of occupational health and safety legislation; the obligations arising therefrom for the employer shall be 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 to which he may be exposed at work, as well as on the measures and measures to be taken, and To inform facilities for the use of these hazards. The borrower has to inform the temporary agency worker, in addition, of the need for special qualifications or professional skills or special medical supervision, as well as the increased special risks of the workplace. (7) 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. Unofficial table of contents

§ 12 Legal relations between distributors and entleiers

(1) The contract between the distributor and the entleier shall require the written 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 has the borrower inform without delay 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 sentence half-sentence). (3) (omitted) Unofficial table of contents

§ 13 The right of access of the temporary worker

In the case of a transfer, the temporary agency worker may obtain information on the essential working conditions, including the remuneration, in the operation of the borrower for a comparable worker in the borrower. ; this shall not apply in so far as the conditions of the exception referred to in § 3 (1) (3) and (9) (2) are fulfilled. Unofficial table of contents

Section 13a Information on the freedom of employment of the hideout

The borrower has to inform the temporary agency worker about the workplaces of the borrower 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. Unofficial table of contents

Section 13b Access of the temporary worker to Community bodies or services

The borrower shall give the temporary worker access to the Community facilities or services in the undertaking under the same conditions as comparable workers in the establishment in which the temporary agency worker is in work. unless a difference in treatment is justified on objective grounds. Community bodies or services within the meaning of the first sentence shall be, in particular, childcare facilities, mass caterers and means of transport. Unofficial table of contents

Section 14 Rights of participation and co-determination

(1) Temporary workers remain members of the sending company of the distributor even during the period of their work at a borrower. (2) Temporary workers are responsible for the election of the employees ' representatives to the Supervisory Board in the borrower's and in the election of employees 'representatives of the employees' constitutions in the course of the deleidment operation, cannot be selected. 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 workers who are working there. (3) Before the takeover of a temporary worker for work, the works council of the In accordance with § 99 of the German Works Constitution Act, to participate. In doing so, the entleist must also submit the written declaration of the distributor pursuant to section 12 (1) sentence 2 to the works council. He is also obligated to notify the Works Council 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 Personnel Representation Act. Unofficial table of contents

Section 15 Foreign temporary agency workers without authorisation

(1) Who, as a distributor, has a foreigner who is entitled to a residence permit in accordance with § 4 (3) of the Residence Act, a residency or a Duldung entitling him to exercise employment, or a permit pursuant to Section 284 (3) (a). 1 of the Third Book of Social Code does not have, contrary to § 1 a third party without permission to leave, is punished with imprisonment up to three years or a fine. (2) In particularly serious cases the sentence is imprisonment of six Months up to five years. A particularly serious case is usually present when the offender acts as a commercial or a grobem self-interest. Unofficial table of contents

Section 15a Entleih of foreigners without permission

(1) Who, as a posting, is a foreigner who has been transferred to him, who is entitled to a residence permit in accordance with § 4 (3) of the Residence Act, a residency or a Duldung entitling him to take up employment or a permit. In accordance with Section 284 (1) of the Third Book of the Social Code, it is not possible to work on the conditions of employment of the temporary employment relationship, which are in a conspicuous relationship with the working conditions of German temporary agency workers, who are the same or a comparable activity, shall be punishable by a custodial sentence up to three years or a fine. In particularly serious cases, the penalty is six months to five years imprisonment; a particularly serious case is usually found if the offender acts as a commercial or a grownable self-interest. (2) Who, as a hideaway, is a victim of a criminal offence.
1.
at the same time, more than five foreigners who have a required residence permit pursuant to Section 4 (3) of the Residence Act, a residency or a Duldung entitling them to take up employment, or a permit pursuant to § 284 (1) of the Third Book of the Social Code, do not take action, or
2.
A deliberate infringement, referred to in section 16 (1) no. 2, persistently repeats,
shall be punished with imprisonment of up to one year or a fine. If the perpetrator is a grofty self-interest, the sentence is a custodial sentence of up to three years or a fine. Unofficial table of contents

§ 16 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act
1.
Contrary to § 1, a temporary agency worker leaves a third party without permission,
1a.
to allow a temporary agency to be made available to him by a distributor without permission,
1b.
, contrary to the provisions of the first sentence of Article 1b, leave or take action;
2.
a foreign temporary agency worker who has been transferred to him, who is entitled to a residence permit in accordance with Article 4 (3) of the Residence Act, a residency or a Duldung entitling him to take up employment, or a permit In accordance with Section 284 (1) of the Third Book of the Social Code, it is not possible to act,
2a.
an advertisement in accordance with § 1a is not correct, not fully or not reimbursed in time,
3.
a requirement in accordance with section 2 (2) does not comply fully or not in good time,
4.
an indication in accordance with § 7 (1) does not, not correct, not fully or not reimbursed in time,
5.
an information pursuant to section 7 (2) sentence 1 is not issued, not correct, not complete or not given in time,
6.
in accordance with the fourth sentence of Section 7 (2) of this Directive,
6a.
does not tolerate a measure referred to in paragraph 7 (3) sentence 2,
7.
a statistical report pursuant to section 8 (1) not issued, not correct, not complete or not given in time,
7a.
Contrary to Article 10 (4), a working condition is not granted,
7b.
Contrary to Article 10 (5), in conjunction with a regulation pursuant to Section 3a (2) sentence 1, the minimum hourly charge referred to in this Regulation shall not be paid or not paid in due time,
8.
a duty pursuant to section 11 (1) or (2) does not comply,
9.
Contrary to § 13a sentence 1, the temporary agency worker is not informed, is not fully informed or is not fully informed,
10.
contrary to § 13b sentence 1, access shall not be granted;
11.
Contrary to § 17a in conjunction with Section 5 (1) sentence 1 of the Schwarzarbeitskampfungsgesetz, an examination is not tolerated or is not involved in this examination,
12.
Contrary to § 17a in conjunction with Section 5 (1) sentence 2 of the Schwarzarbeitscombat Act, entering a land or a business area shall not be tolerated,
13.
Contrary to § 17a in conjunction with Section 5 (3) sentence 1 of the Schwarzarbeitskampfungsgesetz data, not transmitted correctly, not in full, not in the prescribed manner or not in time,
14.
Contrary to the first sentence of Article 17b (1), a notification shall not, not properly, not in the prescribed manner or in a timely manner, shall not be passed on in time,
15.
, contrary to the second sentence of Article 17b (1), does not make a notification of a change, not correct, not complete, not in the prescribed manner or not in time,
16.
contrary to Article 17b, paragraph 2, does not include insurance,
17.
contrary to § 17c (1), a record is not compiled, not correct, not complete or not in good time, or is not kept for at least two years, or
18.
Contrary to Article 17c (2), a document is not available in the correct manner, not in its entirety or in the prescribed manner.
(2) The administrative offence referred to in paragraphs 1 to 1b, 6 and 11 to 18 may be subject to a fine of up to thirty thousand euro, the administrative offence referred to in paragraph 1, point 2, 7a and 7b, with a fine of up to five hundred thousand euro, the amount of which shall be: The administrative offence referred to in paragraph 1 (2a), (3), (9) and (10), with a fine of up to two thousand five hundred euro, shall be punishable by a fine of up to a thousand euro in accordance with points 4, 5, 6a, 7 and 8 of paragraph 1. (3) Administrative authorities in the According to Article 36 (1) (1) of the Code of Administrative Offences, the provisions of Section 36 (1) of the Code of Administrative Offences shall be subject to the Points 1 to 2a, 7b as well as 11 to 18 the authorities of the customs administration, for the administrative offences referred to in paragraph 1, points 3 to 7a and 8 to 10 the Federal Employment Agency. (4) § § 66 of the Tenth Book of the Social Code applies accordingly. (5) The fines shall flow into the cash register of the competent managing 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. Unofficial table of contents

§ 17 Implementation

(1) The Federal Employment Agency shall implement this Act in accordance with the technical instructions of the Federal Ministry of Labour and Social Affairs. Administrative costs shall 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. Unofficial table of contents

§ 17a Powers of the customs administration authorities

§ § 2, 3 to 6 and 14 to 20, 22, 23 of the Schwarzarbeitsfighting Act shall be applied accordingly, with the proviso that the authorities mentioned therein shall also have access to employment contracts, minutes according to § 2 of the law of detection and other It is possible to take commercial documents which provide direct or indirect information on compliance with the working conditions laid down in Article 10 (5). Unofficial table of contents

§ 17b Reporting obligation

(1) If a distributor with a registered office abroad leaves a temporary agency worker for the purpose of the work of a borrower, the borrower, provided that a legal regulation according to § 3a applies to the employment relationship, has the competent authority before the beginning of any omission of the competent authority. Authority of the Customs Administration to send a written application in the German language with the following information:
1.
Family name, first name and date of birth of the temporary agency worker,
2.
the beginning and duration of the transfer;
3.
the place of employment,
4.
where the documents required pursuant to Section 17c are kept in place,
5.
Family name, first name and address in Germany of one or one delivery agent of the distributor,
6.
industry in which temporary agency workers are to be left to
7.
Family name, first name or company name and address of the rental company.
Any changes to this information must be reported to the user immediately. (2) The person responsible for posting has to submit an insurance to the distributor that he/she complies with his obligations under § 10 (5). (3) The Federal Ministry of the Finance may be determined by legal regulation in agreement with the Federal Ministry of Labour and Social Affairs without the consent of the Federal Council,
1.
that, by way of derogation from paragraphs 1 and 2, in which way and under which technical and organisational conditions, a notification, change notification and insurance may be transmitted electronically,
2.
the conditions under which an amendment may be omitted, and
3.
how the reporting process can be simplified or modified.
(4) The Federal Ministry of Finance may, without the consent of the Federal Council, determine the competent authority in accordance with the first sentence of paragraph 1 without the consent of the Bundesrat. Unofficial table of contents

§ 17c Creating and holding documents

(1) In so far as a legal regulation according to § 3a applies to an employment relationship, the borrower shall be obliged to start, end and duration of the day-to-day working time of the temporary worker at the latest by the end of the seventh on the day of the The following calendar day shall be recorded and kept for at least two years starting from the relevant date for recording. (2) Each distributor shall be obliged to check compliance with the relevant provisions. a legal regulation according to § 3a required documents in Germany for the entire duration of the the actual employment of the temporary agency worker within the scope of this law, but in general not longer than two years, in the German language. At the request of the audit authority, the documents shall also be available at the place of employment. Unofficial table of contents

Section 18 Cooperation with other authorities

(1) For the prosecution and prosecution of the administrative offences in accordance with § 16, the Federal Employment Agency and the authorities of the customs administration shall cooperate with the following authorities in particular:
1.
the sickness insurance institutions as catchment points for social security contributions;
2.
the authorities referred to in Article 71 of the Residence Act,
3.
the financial authorities,
4.
the authorities responsible under national law for the prosecution and prosecution of administrative offences in accordance with the Law on the Control of the Protection of the Black Labour,
5.
the institutions of the accident insurance,
6.
the national authorities responsible for the protection of employment,
7.
pension insurance institutions,
8.
the institutions of social assistance.
(2) In the case of the Federal Employment Agency or the authorities of the Customs Administration, give concrete evidence in the implementation of this Act in individual cases for:
1.
Violations of the Black Labour Code,
2.
an employment or activity of foreigners without the required residence permit in accordance with § 4 (3) of the Residence Act, a residency or a Duldung entitling the holder to pursue employment, or a permit pursuant to § 284 Section 1 of the Third Book of the Social Code,
3.
Breaches of the obligation to act pursuant to § 60 (1), first sentence, No. 2 of the First Book of Social Code in relation to a service of the Federal Employment Agency, a institution of the statutory health, care, accident or pension insurance or a pension insurance company. holders of social assistance or the obligation to notify pursuant to Section 8a of the Asylum Seekers Benefits Act;
4.
Infringements of the provisions of the Fourth and Seventh Book of the Social Code on the obligation to pay social security contributions, in so far as they relate to the infringements referred to in points 1 to 3, and to the provisions of the Social Code Employee surrender are contrary to § 1,
5.
Violations of tax laws,
6.
Violations of the Residence Act,
shall inform the authorities responsible for the prosecution and punishment, the institutions of social assistance and the authorities in accordance with Section 71 of the Residence Act. (3) In criminal matters relating to the offences referred to in § § 15 and 15a, the following shall be: The Federal Employment Agency and the Customs Administration Office for the prosecution of administrative offences
1.
when the criminal proceedings are initiated, the personal data of the accused person, the offence of crime, the time of the offence and the crime scene,
2.
in the case of the collection of the public action, the decision concluding the proceedings, on the grounds of
shall 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.
the data of the employees for measures in their favour,
2.
the employer's data on the occupation of his job vacancies, which have become known in connection with the criminal proceedings;
3.
the data referred to in paragraphs 1 and 2 for decisions relating to the recruitment or recovery of services of the Federal Employment Agency
(4) (4) (omitted) (5) The authorities of the customs administration shall inform the competent local financial authorities of the content of reports pursuant to § 17b. (6) The authorities of the customs administration and the other authorities in § 2 of the In accordance with the relevant provisions of the relevant data protection legislation, the authorities of the United States of the European Union may also cooperate with the authorities of other States Parties to the Agreement on the European Economic Area, which shall: Section 17, paragraph 2, to carry out appropriate tasks or to combat illegal In the case of employment, it is possible to provide information as to whether an employer fulfils his obligations under Section 10 (5). The rules on international mutual legal assistance in criminal matters remain unaffected by this. Unofficial table of contents

Section 19 Transitional provision

§ 3 (1) (3), fourth sentence, and § 9 (2), final half-sentence, shall not apply to temporary employment relationships, which have been established before 15 December 2010. Unofficial table of contents

§ 20

(dropped)