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ARTICLE · 19 NOVEMBER 2024

Temporary Employment Without Borders?

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The Federal Employment Agency (Bundesagentur für Arbeit) has published its updated Instructions for Applying the Temporary Employment Act (Fachliche Weisungen zum AÜG – FW AÜG) as of 15 October 2024.

GermanyEmployment and HR
Yannick Bähr
Yannick Bähr

The Federal Employment Agency (Bundesagentur für Arbeit) has published its updated Instructions for Applying the Temporary Employment Act (Fachliche Weisungen zum AÜG – FW AÜG) as of 15 October 2024. These contain a particularly critical amendment: the Federal Employment Agency now presumes that a risk of (illegal) temporary employment also exists if the contractor's employees work exclusively abroad.

Companies must therefore urgently review their contracts abroad, as they may now face the legal consequences of illegal temporary employment in these cases, too.

I. Instructions

Although the Instructions for Applying the Temporary Employment Act (the "Instructions") are actually only internal instructions to be observed within the Federal Employment Agency, they are very important in practice. This is because the Federal Employment Agency, alongside the customs authorities, is responsible for monitoring compliance with the German Temporary Employment Act (AÜG).

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