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Use case · Legal

Starting temporary placement: the permit or registration you need first

A recruiter moves into temporary agency work in the Netherlands and Germany. Research the permits, conditions and contract rules before the first placement.

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Operations lead in a cream cable-knit jumper reading a printed application form at a recruitment office desk by a window

This task, run in azta

azta
Dutch BV, currently only in permanent recruitment, wants to place temporary engineers with clients in the Netherlands and in Germany from next spring.
DE · NL
Researching

Searching Gesetze im Internet

Searching Rechtsprechung im Internet

Searching wetten.overheid.nl

Searching Rechtspraak.nl

Germany requires a permit first. Hiring out workers to others in Germany requires a permit from the Federal Employment Agency under the Temporary Employment Act. A foreign agency placing workers with German clients needs the German permit too.
The German permit starts limited. A first permit is granted for a limited period and can become unlimited after several years of lawful operation. Temporary agency work in the construction sector is largely excluded.
German contracts must say what they are. The contract with the client must be expressly labelled as temporary agency work, and the worker named, before the assignment starts. A placement disguised as a service contract is unlawful and can create an employment relationship with the client.
The Netherlands is moving to admission. Dutch law requires labour providers to be registered as such in the trade register. The Act on the admission of labour providers replaces this with a mandatory admission system, and hirers may only use admitted providers. The research confirms which phase applies at your start date.
Draft the internal memo
agency-licence-requirements.docx
Regenerate
Export
Word (.docx)PDF
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Temporary placement: permissions needed in the Netherlands and Germany

Germany. Before placing any worker with a German client, the firm needs a permit from the Federal Employment Agency. The application covers the firm’s reliability, its organisation and its contracts. Until the permit is granted, no placements in Germany.

Netherlands. The firm must meet the Dutch requirements for labour providers before it places workers, and clients will check its status before hiring. The conditions and the phase of the admission system that applies at our start date are set out in Annex 1 with the provisions relied on.

Contracts. Both countries require changes to our client and worker contracts. In Germany, each client contract must be labelled as temporary agency work and name the worker before the assignment starts. Drafts are being prepared with counsel.

Sources · Gesetze im Internet · Rechtsprechung im Internet · wetten.overheid.nl · Rechtspraak.nl
Saved

A replay of this page’s example. In azta every line of the answer carries a citation that opens the provision itself.

The situation

A plan to start temporary placement in a new country

A Nijmegen recruitment firm has placed engineers permanently for ten years. Clients now want temporary staff, in the Netherlands and across the border in Düsseldorf. The operations lead has been asked for a plan: what permission the firm needs in each country, what it takes to get, and when the first worker can start.

The firm knows the commercial side. The regulatory side is new: different authorities, different conditions, and a Dutch system that is moving from registration to admission. A plan built on an old guide could mean placements that are unlawful from day one.

What the research has to settle

The rules behind the answer

Germany requires a permit first
Hiring out workers to others in Germany requires a permit from the Federal Employment Agency under the Temporary Employment Act. A foreign agency placing workers with German clients needs the German permit too.
The German permit starts limited
A first permit is granted for a limited period and can become unlimited after several years of lawful operation. Temporary agency work in the construction sector is largely excluded.
German contracts must say what they are
The contract with the client must be expressly labelled as temporary agency work, and the worker named, before the assignment starts. A placement disguised as a service contract is unlawful and can create an employment relationship with the client.
The Netherlands is moving to admission
Dutch law requires labour providers to be registered as such in the trade register. The Act on the admission of labour providers replaces this with a mandatory admission system, and hirers may only use admitted providers. The research confirms which phase applies at your start date.

How it runs in azta

From the question to the document

The question, as you would type it

Dutch BV, currently only in permanent recruitment, wants to place temporary engineers with clients in the Netherlands and in Germany from next spring. What permission does it need in each country, from which authority, under what conditions, and can it place workers in Germany before the German permit is granted?
  1. You start with

    A plan to start temporary placement in a new country

  2. 01

    Describe the plan

    Give the countries, the clients’ sectors and the start date. azta searches the German Temporary Employment Act, the Dutch legislation on labour providers and the court decisions on both.

    Cited research· Free
  3. 02

    Check the provisions and their versions

    Open each cited provision in the reader. For the Dutch rules, compare the versions to see what changes and when.

    Atlas statute reader
  4. 03

    Draft the plan memo

    Ask for a memo per country: permission, authority, conditions, contract rules and what cannot start before approval. Edit it in Canvas.

    Canvas · Ask azta· Pro
  5. 04

    Export for management

    Export to Word for the management team, with the research kept for the application.

    Word export· Pro
  6. You send

    A memo on the permit or registration required, its conditions and the contract rules

What you get

A memo on the permit or registration required, its conditions and the contract rules

Internal memo · draft

Temporary placement: permissions needed in the Netherlands and Germany

Germany. Before placing any worker with a German client, the firm needs a permit from the Federal Employment Agency. The application covers the firm’s reliability, its organisation and its contracts. Until the permit is granted, no placements in Germany.

Netherlands. The firm must meet the Dutch requirements for labour providers before it places workers, and clients will check its status before hiring. The conditions and the phase of the admission system that applies at our start date are set out in Annex 1 with the provisions relied on.

Contracts. Both countries require changes to our client and worker contracts. In Germany, each client contract must be labelled as temporary agency work and name the worker before the assignment starts. Drafts are being prepared with counsel.

Illustrative excerpt. A real draft is built from your facts and cites the provisions it relies on.

Outcomes on your numbers

What azta is worth on this task

Pro pays for itself after

18 minutes a month

At €90 an hour, that is all the time Pro (€27 a month) has to take off your desk to cover its price.

Example figures. Replace them with your own.

10%50%
Hours back a year
25
Capacity at your rate
€2,268
More licensing questions a quarter
0.8
Return on Pro
7×
Hours a year on this task
Today96 h
Your scenario71 h
  • Research
  • Drafting
  • Your review

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Sources azta searches here

  • Gesetze im Internet
  • Rechtsprechung im Internet
  • wetten.overheid.nl
  • Rechtspraak.nl
See the full source register

What stays with you

  • The applications and the evidence behind them.
  • The business plan and the decision to start.
  • The final contracts, with counsel.

Frequently asked questions

Does azta hold the authorities’ guidance and forms?
azta holds the legislation and published case law. Authority guidance and application forms come from the authority itself; the source register lists what is included.
How do I follow the Dutch changes?
Legislation in azta is indexed daily. Ask again before your start date and compare the provision’s versions in the reader.
Can it cover other countries?
Yes. Ask about any country you plan to enter. azta researches the national legislation in the original language.

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  1. 1

    Bring a real question

    One from this week, with the facts you would give a colleague.

  2. 2

    We run it in azta with you

    You watch the research and open the citations against the provision.

  3. 3

    You see the draft it produces

    Then we plan a trial with your team, if it fits your work.

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