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Employee Outsourcing Agreement Template for Germany

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Key Requirements PROMPT example:

Employee Outsourcing Agreement

"I need an Employee Outsourcing Agreement under German law for our IT consulting firm to engage 20-30 software developers through a staffing agency, with specific provisions for remote work and data security compliance."

Document background
The Employee Outsourcing Agreement is essential for businesses operating in Germany that require flexible workforce solutions through temporary staffing arrangements. This document is specifically designed to comply with German labor laws, particularly the Arbeitnehmerüberlassungsgesetz (´¡Ãœ³Ò), which regulates temporary employment and worker leasing. It should be used when a company needs to engage workers through a licensed staffing provider, whether for project-based work, temporary coverage, or specialized skill requirements. The agreement includes crucial provisions for equal treatment of temporary workers, clear delineation of responsibilities between the staffing provider and client company, data protection measures, and workplace safety protocols. It's particularly important given Germany's strict regulatory environment regarding temporary employment and the significant penalties for non-compliance.
Suggested Sections

1. Parties: Identification of the contracting parties - the service provider (staffing company) and the client company

2. Background: Context of the agreement, including confirmation of the service provider's ´¡Ãœ³Ò license

3. Definitions: Key terms used throughout the agreement, including 'Assigned Employees', 'Services', 'Assignment Period'

4. Scope of Services: Details of the employee outsourcing services, including the nature of work and deployment conditions

5. Service Provider Obligations: Core obligations including employee selection, verification of qualifications, maintaining necessary licenses

6. Client Obligations: Client's responsibilities regarding workplace safety, supervision, and cooperation

7. Employee Management: Procedures for assignment, replacement, and management of outsourced employees

8. Working Hours and Leave: Provisions regarding working time, overtime, vacation, and public holidays

9. Fees and Payment Terms: Pricing structure, invoicing, and payment conditions

10. Equal Treatment and Remuneration: Compliance with equal pay principles and working conditions as per ´¡Ãœ³Ò

11. Data Protection: GDPR compliance measures and data processing agreements

12. Confidentiality: Protection of confidential information of all parties

13. Liability and Insurance: Risk allocation, insurance requirements, and indemnification provisions

14. Term and Termination: Duration of agreement, renewal terms, and termination rights

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Collective Bargaining Agreements: Required if applicable collective agreements affect the outsourced employees

2. Compliance with Industry Regulations: Necessary for regulated industries with specific compliance requirements

3. Integration Provisions: Required when deeper integration with client systems and processes is needed

4. Non-Solicitation: Optional provisions preventing direct hiring of outsourced employees

5. Performance Metrics: Optional section defining KPIs and performance standards

6. Training Requirements: Required when specific training or certifications are necessary

7. Security Requirements: Necessary for assignments involving sensitive information or secure facilities

Suggested Schedules

1. Schedule 1: Service Descriptions: Detailed descriptions of roles and responsibilities for each type of outsourced position

2. Schedule 2: Rate Card: Detailed fee structure including standard rates, overtime rates, and special conditions

3. Schedule 3: Data Processing Agreement: Detailed GDPR-compliant data processing terms

4. Schedule 4: Service Levels: Performance standards and metrics for service delivery

5. Schedule 5: Required Qualifications: Minimum qualifications and certifications required for assigned employees

6. Appendix A: Contact Details: Key contact information for both parties

7. Appendix B: Health and Safety Requirements: Specific workplace safety requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses


































Relevant Industries

Manufacturing

Information Technology

Healthcare

Construction

Logistics

Automotive

Professional Services

Retail

Engineering

Financial Services

Energy

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Risk Management

Talent Acquisition

Data Protection

Project Management

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

Compliance Officer

Project Manager

Resource Manager

Finance Director

Risk Manager

Talent Acquisition Manager

Data Protection Officer

Workforce Planning Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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