You have secured a significant contract or project in Europe, requiring the expertise of a professional project manager, site manager, or perhaps a business development specialist to interact directly with clients and pursue new opportunities aligned with your strategic goals. However, you are faced with the challenge of not having a legal framework to hire a specific individual(s) by name or the means to identify the right candidate(s) for the job. What is your next move?
Employees are pivotal for the success of any business, yet managing them can entail a considerable administrative burden. From the recruitment process and payroll management to addressing HR-related challenges, the operational responsibilities associated with workforce management can be overwhelming. If you are facing these challenges, it might be worthwhile to explore the option of an employee leasing model. But what exactly is employee leasing, and how can you determine if it is a suitable choice for your business?
Adopting a leased employee model can offer several benefits as your business expands:
Exploring the option of employee leasing could offer a strategic advantage in managing your workforce more effectively, allowing you to focus on growth and other key aspects of your business.
Utilizing Rich Global Solutions GmbH (RGS) for labor leasing services in Europe offers a range of advantages. Here are some key benefits of partnering with RGS:
Expertise and Specialization
Legal and Regulatory Compliance
Operational Efficiency
Cultural and Local Insight
Commitment to Excellence
In Germany, labor leasing (Arbeitnehmerüberlassung) and temporary employment are essentially synonymous. Both refer to a model where employees are hired by a staffing agency and then leased to work for the agency's clients. The key benefit is that you, the end-user company can use the leased employee as if they are your own employee without having to enter into an employment agreement with the temporary employee.
While both an employee leasing firm and professional employer organization (PEO) share some similarities, there are also important differences between the two types of arrangements.
The primary one is that, generally speaking, a leased employee is brought on for a set period of time or project. In that way, they are often considered “temporary” employees and, when their work is done, they will return to the staffing company. With a PEO, on the other hand, the employment could be indefinite. And, since the PEO takes over management of your existing staff of permanent employees, even if you end your relationship with the PEO, your team will still work for you at your place of business.
Generally, German-based companies can lease employees to work in various countries, but the feasibility and legality depend on the following considerations:
European Union (EU) and European Economic Area (EEA)
• Freedom of Movement: Within the EU and EEA, there is a principle of freedom of movement for workers, which generally allows employees, including leased employees, to work in other member states with fewer restrictions. This is facilitated by the EU’s regulatory framework, which aims to ensure fair treatment and protection of workers across member states.
Countries with Bilateral Agreements
• Social Security Agreements: Germany has social security agreements with several countries outside the EU/EEA. These agreements often include provisions related to temporary work assignments and can facilitate the process of leasing employees to work in these countries by clarifying social security obligations and rights.
Third Countries
• Compliance with Local Laws: When leasing employees to countries without specific agreements with Germany or outside the EU/EEA framework, we ensure compliance with the local labor laws of the host country. This includes obtaining the necessary work permits and visas, adhering to local employment standards, and ensuring the protection of the leased employees’ rights as per the host country’s regulations.
The benefits include increased flexibility in staffing, reduction in recruitment and administrative costs, and the ability to rapidly scale up or down in response to business needs.
We employ a thorough selection process that includes interviews, qualification verifications, and skill assessments to ensure our personnel meet your specific needs.
Labor leasing in Germany may only take place for a maximum period of 18-months. However, this period can start afresh for the same employee after the lease has been interrupted for more than three months and a new lease is them commenced.
Costs can vary widely and typically include the employee's salary, social security contributions, and a service fee for the leasing agency. Based on the circumstances, you can expect to pay set-up or start-up cost and a per employee per month fee or a percentage of payroll. Detailed pricing structures are provided upon inquiry.
The process usually involves defining your requirements, selecting candidates from the agency's pool, and integrating them into your workforce, with support from the agency throughout.
Agencies ensure compliance through adherence to the Arbeitnehmerüberlassungsgesetz (AÜG), which regulates temporary employment in Germany, including workers' rights, maximum leasing durations, and equal pay.
Agencies typically offer the option to request a replacement employee to ensure your needs are met satisfactorily.
Leased employees are entitled to the same basic working conditions as the client's permanent staff, including equal pay, working hours, holidays, and health and safety standards, as per the AÜG.
Employees in labor leasing arrangements are entitled to social security benefits, including health insurance, pension contributions, unemployment insurance, and accident insurance, similar to permanent employees.
Depending on the terms of your contract with us, you may have the right to refuse a placement, though this might affect your employment status with the us.
We provide various support, including assignment-related issues, professional development opportunities, and assistance with administrative tasks.
Labor leasing in Germany may only take place for a maximum period of 18-months. However, this period can start afresh for the same employee after the lease has been interrupted for more than three months and a new lease is them commenced.
At the end of an assignment, you may be offered another placement by us or you may return to our pool until another suitable position arises.
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