DE · Expiry & renewal tracking
Track the equal pay deadline for each agency worker
German agency workers are entitled to the pay of comparable permanent staff; a collective agreement may deviate only for the first nine months of an assignment, or with a phased plan until 15 months at most (Section 8(1), (4) AÜG). Earlier assignments at the same user count if no more than three months separate them.
For the duration of an assignment, the agency must give the agency worker the essential working conditions, including pay, that apply to comparable employees at the user company (equal treatment principle, Section 8(1) of the German Temporary Agency Work Act, AÜG). A collective agreement may deviate from this as long as it does not fall below the minimum hourly wages set under Section 3a(2) (Section 8(2)). Without such an agreement, equal treatment applies for the whole assignment (Section 8(1)).
On pay, such a collective agreement may only deviate for the first nine months of an assignment to a user company (Section 8(4) sentence 1). A longer deviation is only allowed if, after 15 months at the latest, pay reaches at least the level the agreement defines as equivalent to the collectively agreed pay of comparable employees in the user's sector, and if pay is raised step by step after an induction period of at most six weeks (sentence 2). Employers and employees not bound by the agreement can agree to apply it within its scope (sentence 3).
Earlier assignments to the same user company, by the same or another agency, count in full if no more than three months lie between them (Section 8(4) sentence 4). Assignment periods before 1 April 2017 do not count (Section 19(2)). A deviating collective rule does not apply to agency workers who left the user company or a company in its group in the six months before the assignment (Section 8(3)).
At a glance
| Principle | Same essential working conditions and pay as at the user company (Section 8(1) AÜG) |
|---|---|
| Collective deviation on pay | Only for the first nine months of an assignment (Section 8(4) sentence 1) |
| Longer deviation | Equivalent pay after 15 months at the latest, step-by-step increase after at most six weeks (sentence 2) |
| Breaks | Earlier assignments at the same user company count if no more than three months lie between them (sentence 4) |
| Periods before 1 April 2017 | Not counted (Section 19(2)) |
| Former employees | No collective deviation if they left in the last six months (Section 8(3)) |
Who is responsible?
The duty lies with the agency, which must grant the working conditions under Section 8 (Section 8(1) and (2) AÜG). Time is counted per agency worker and user company, even across different agencies (Section 8(4) sentence 4).
If the deadline passes
Agreements that give the agency worker worse working conditions, including pay, than those due under Section 8 are invalid (Section 9(1) no. 2 AÜG). An agency that fails to grant a working condition contrary to Section 8(1) sentence 1 or (2) sentence 2 or 4 commits an administrative offence (Section 16(1) no. 7a); the Federal Employment Agency is the competent authority (Section 16(3)).
Not the same as the maximum assignment period
The equal pay deadline concerns pay after nine or at most 15 months. The 18-month maximum assignment period (Section 1(1b) AÜG) is a separate deadline with its own consequences. A separate entry per placement makes sense for each.
Tracking it with ExpirySuite
- Add an entry for each agency worker at each user company and enter the end of the ninth month of the assignment, counting earlier assignments under Section 8(4) sentence 4.
- If a collective agreement with a phased plan applies, add a second entry for the end of month 15.
- Email reminders arrive 60, 30, 14, 7 and 1 day before the date and on the day itself. That leaves time to adjust payroll.
- Assign a responsible person, such as the agency's payroll team; emails arrive in each recipient's language. If a date passes, managers get further reminders 3, 7 and 14 days later.
Frequently asked questions
- When does equal pay apply?
- In principle for the whole assignment (Section 8(1) AÜG). Only a collective agreement under Section 8(2) can deviate on pay for the first nine months of an assignment (Section 8(4) sentence 1).
- Can the deviation last longer than nine months?
- Yes, if pay defined in the agreement as equivalent is reached after 15 months at the latest and pay is raised step by step after an induction period of at most six weeks (Section 8(4) sentence 2).
- Does the period restart after a break?
- Only if more than three months lie between assignments at the same user company. Otherwise earlier assignments, including through other agencies, count in full (Section 8(4) sentence 4).
- What if the agency pays too little?
- Worse agreements are invalid (Section 9(1) no. 2 AÜG), and failing to grant the working conditions is an administrative offence (Section 16(1) no. 7a).
Sources
- Arbeitnehmerüberlassungsgesetz (AÜG) § 8 Grundsatz der Gleichstellung
- AÜG § 9 Unwirksamkeit (Abs. 1 Nr. 2)
- AÜG § 16 Ordnungswidrigkeiten (Abs. 1 Nr. 7a, Abs. 3)
- AÜG § 19 Übergangsvorschrift
Last checked: Oct 1, 2026 · This page summarises official sources for general information and is not legal advice. Check the linked sources for current rules and fees.
Made for equal pay deadline, 9 months (AÜG) (Germany)
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Reminders on time
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