Information obligations towards the supplier

Irrespective of the registration obligation, you are obliged to provide the supplier with certain information before employing a temporary worker in Germany. The obligations to provide information also apply even if a registration obligation does not apply due to the exceptions described below. Compliance with the following obligations to provide information is required:

• If you have taken on an temporary agency worker and want to employ this employee in Germany, you must inform the employer of the temporary worker (i.e. the supplier) of this in written form (Section 126b of the German Civil Code (Bürgerliches Gesetzbuch - BGB) before the start of the employment in Germany (Section 15a of the Posted Workers Act (Arbeitnehmer-Entsendegesetz - AEntG) . This is important because the supplier, as an employer, must know that it must comply with the regulations applicable in Germany.
• If you have taken on an employee (temporary worker) from an supplier based abroad and wish for that employee to work in Germany, you must inform the supplier in advance in written form (Section 126b of the German Civil Code) of the essential conditions of employment that apply in your company for comparable employees, including remuneration. This is important so that the employer (the supplier) can comply with the principle of equal treatment of temporary workers with the permanent staff you employ in Germany. The obligation to provide information is only not applicable if the principle of equal treatment is not applicable because the supplier applies a collective agreement providing for special conditions of employment for temporary workers. This may be the case if in the employment contract the supplier makes reference to a collective agreement negotiated by the social partners in the temporary employment sector.

You have complied with the prescribed written form when you inform the supplier, e.g. by email.

Detailed information on the principle of equal treatment can be found in the Federal Employment Agency's instructions concerning the temporary employment act.

Federal Employment Agency's instructions concerning the temporary employment act (in German)