Transportation is an integral part of any economy, and with globalization, the transportation sector has become more interconnected. Foreign transport companies often lend their drivers to German transport companies for various reasons, such as seasonal demand or shortage of manpower. However, before a foreign company can lend its drivers to a German transport company, they must obtain the “Erlaubnis zur Arbeitnehmerüberlassung” or the permission for temporary employment.
The “Erlaubnis zur Arbeitnehmerüberlassung” is a legal requirement in Germany for companies that lend their employees to other companies for temporary work. This permission ensures that the employees’ rights are protected and that they are treated fairly in terms of wages, working hours, and other labor-related issues.
The following are the steps foreign transport companies must follow to obtain the “Erlaubnis zur Arbeitnehmerüberlassung” to lend their drivers to German transport companies:
1. Contact the Employment Agency in Germany
Foreign transport companies must contact the local employment agency in Germany responsible for the industry in which the foreign company operates. The employment agency will provide the necessary information and documentation required for obtaining the permission.
2. Provide the Required Documentation
The foreign transport company must provide all the required documentation, including the company’s registration documents, proof of insurance, proof of liquid funds of more than EUR 2,000.00 per (planned) temporary worker, but at least EUR 10,000.00, and a list of employees who will be working in Germany with an example of the work contract as well as template of a temporary employment contract. The employment agency will review the documentation to ensure that the foreign company meets all the legal requirements and has adequate insurance coverage. You can find the list of documents and prices here.
3. Await Decision from the Employment Agency
The employment agency will review the documentation and make a decision on whether to grant the permission. If the permission is granted, the foreign company will receive a notification stating that they can lend their employees to the German transport company.
4. Follow Regulations and Requirements
Once the foreign transport company has obtained the permission, they must follow all the regulations and requirements for temporary employment in Germany. This includes complying with minimum wage and working time regulations, providing adequate insurance coverage for their employees, and ensuring that their employees are treated fairly in terms of working conditions and benefits.
In order for you to be granted a permit to hire out employees, you must prove that you are likely to run your business properly. In addition, there must be no reasons that speak against the granting of a permit, such as relevant criminal records or violations of certain legal requirements (cf. Section 3 Paragraph 1 No. 1 AÜG).
Before the permit for hiring out employees is issued, it will be checked whether you have the appropriate specialist knowledge for the employment of employees. In addition, you must grant the temporary workers the working conditions to which they are entitled under Section 8 AÜG.
In order to ensure proper payment of wages or salaries to your temporary workers, you must prove that you have sufficient financial resources. You must reserve EUR 2,000.00 for each temporary worker; a total of at least 10,000.00 euros.
5. How long is the permit valid?
Permission to hire out employees can initially be granted for a limited period of one year. You can apply for an extension no later than three months before the expiry date. If you have permitted temporary employment for three years in a row, you can apply for an unlimited permit.
You can submit the application to the responsible employment agency online by using the digital service. You need a valid electronic identity card or residence permit to submit the application to the Employment Agency online or alternatively, you can send the application by post to the relevant employment agency.
In conclusion, foreign transport companies must follow the legal requirements and regulations in Germany to obtain the “Erlaubnis zur Arbeitnehmerüberlassung” to lend their drivers to German transport companies. Failure to comply with the legal requirements and regulations can lead to legal issues and penalties. Therefore, it is essential for foreign companies to ensure that they meet all the legal requirements and regulations before lending their drivers to German transport companies.
Leave a Reply