DE · Expiry & renewal tracking
Temporary agency work licence (AÜG): don't miss the renewal deadline
A German agency work licence (AÜG-Erlaubnis) runs for one year, and renewal must be applied for at least three months before expiry (Section 2(4) AÜG); after three licensed years it can be granted indefinitely (Section 2(5)). Hiring out staff without a licence voids the contracts and is an offence (Sections 9, 16).
Under the German Temporary Agency Work Act (Arbeitnehmerüberlassungsgesetz, AÜG), an employer that, as part of its business, hires out employees to third parties to work for them needs a licence (Section 1(1) AÜG). It is granted on written application and must be limited to one year (Section 2(1) and (4)).
The renewal application must be filed no later than three months before the year ends. If the licensing authority does not refuse the renewal before the year ends, the licence is extended by another year (Section 2(4)). After three consecutive years of licensed activity it can be granted without a time limit; it lapses if it has not been used for three years (Section 2(5)).
Separately from the licence, there is a maximum assignment period: the same agency worker may not be assigned to the same user company for more than 18 consecutive months. Earlier assignments to the same user company count in full if no more than three months lie between them; collective agreements in the user's sector can set a different maximum (Section 1(1b)).
At a glance
| Who needs it | Employers that hire out employees to third parties as part of their business (Section 1(1) AÜG) |
|---|---|
| Validity | One year (Section 2(4)) |
| Renewal application | No later than three months before expiry (Section 2(4)) |
| Unlimited licence | Possible after three consecutive years of licensed activity (Section 2(5)) |
| Maximum assignment | 18 consecutive months per agency worker and user company, unless a collective agreement provides otherwise (Section 1(1b)) |
| Authority | The Federal Employment Agency (Bundesagentur für Arbeit) administers the AÜG (Section 17) |
Who is responsible?
The agency applies for the licence and its renewal. The user company is affected too: letting an agency worker work who was hired out without a licence is an administrative offence (Section 16(1) no. 1a AÜG).
If the deadline passes
If the agency does not hold the required licence, the contracts between agency and user company and between agency and agency worker are invalid, unless the worker declares in writing and in time that they wish to keep their employment contract with the agency (Section 9(1) no. 1). Where the contract is invalid, an employment relationship between the user company and the agency worker is deemed to exist (Section 10(1)). Hiring out workers without a licence is also an administrative offence (Section 16(1) no. 1). If renewal is refused, the licence continues only for winding up contracts already lawfully concluded, for no more than twelve months (Section 2(4)).
Why a second date?
The application deadline falls three months before the licence expires. Reminders based only on the expiry date would come too late for it. Add a second entry, "AÜG renewal application", dated three months before expiry.
Tracking it with ExpirySuite
- Enter the licence with its expiry date and add a second entry for the application deadline three months earlier.
- Reminders arrive 60, 30, 14, 7 and 1 day before each date and on the day itself.
- Assign a responsible person, such as management or HR; emails arrive in each recipient's language.
- If a date passes, managers get further reminders 3, 7 and 14 days later.
Frequently asked questions
- How long is the agency work licence valid?
- One year. After three consecutive years of licensed activity it can be granted without a time limit (Section 2(4) and (5) AÜG).
- When must renewal be applied for?
- No later than three months before the year ends. If the authority does not refuse before expiry, the licence is extended by another year (Section 2(4)).
- Can an unlimited licence lapse?
- Yes, if the agency has not used it for three years (Section 2(5)).
- How long may an agency worker be assigned to the same user company?
- At most 18 consecutive months, unless a collective agreement in the user's sector provides otherwise; assignments with gaps of no more than three months are added together (Section 1(1b)).
Sources
- Arbeitnehmerüberlassungsgesetz (AÜG) § 1 Arbeitnehmerüberlassung, Erlaubnispflicht
- AÜG § 2 Erteilung und Erlöschen der Erlaubnis
- AÜG § 9 Unwirksamkeit
- AÜG § 10 Rechtsfolgen bei Unwirksamkeit
- AÜG § 16 Ordnungswidrigkeiten
- AÜG § 17 Durchführung
Last checked: Sep 30, 2026 · This page summarises official sources for general information and is not legal advice. Check the linked sources for current rules and fees.
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