Keep track of the maximum assignment period for each placement

Temporary agency work is only permitted temporarily, up to a maximum assignment period (Section 1(1) sentence 4 of the German Temporary Agency Work Act, AÜG). The agency may not assign the same agency worker to the same user company for more than 18 consecutive months, and the user company may not have them work for longer (Section 1(1b) sentence 1). 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 (sentence 2). Assignment periods before 1 April 2017 do not count (Section 19(2)).

A collective agreement concluded by the parties in the user company's sector can set a different maximum (Section 1(1b) sentence 3). User companies not bound by collective agreements can adopt such a rule within the agreement's scope through a works or service agreement (sentence 4). If a collective agreement allows different rules in a works or service agreement, user companies not bound by it may also use this up to a maximum of 24 months, unless the collective agreement sets a different maximum for such agreements (sentences 5 and 6). Churches and religious communities under public law can set their own maximums (sentence 8).

If the permitted maximum is exceeded, the employment contract between agency and agency worker becomes invalid, unless the worker declares in writing within one month after the maximum is exceeded that they wish to keep it (Section 9(1) no. 1b AÜG). This declaration is only effective if the worker first presents it in person at an employment agency and it reaches the agency or the user company no later than the third day after that (Section 9(2)). Where the contract is invalid, an employment relationship with the user company is deemed to exist from the moment of invalidity (Section 10(1)).