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Staffing Agency License (Ueberlassung von Arbeitskraeften)
GewO §94 Z.72
Verified: April 2026
Key Facts
- Type: Regulated trade (reglementiertes Gewerbe)
- Qualification: Entrepreneur exam + specific professional competence
- Security deposit: Required (Kaution per AUeG)
- Registration cost: Free (€0) at the Bezirksverwaltungsbehoerde
- Additional law: Arbeitskraefteueberlassungsgesetz (AUeG)
- Note: Cross-border leasing has extra EU notification requirements
What Does This Trade Cover?
The staffing agency trade license covers labor leasing — supplying temporary workers to other businesses:
- Temporary staffing and worker placement at client companies
- Labor leasing (Arbeitskraefteueberlassung) across industries
- Project-based workforce supply for construction, logistics, industrial work, etc.
- Managing employment contracts for leased workers
- Cross-border worker supply within the EU/EEA (with additional notification duties)
Staffing Agency vs. Recruitment Agency
A staffing agency (Ueberlasser) employs workers and leases them to clients — the workers remain
on the agency’s payroll. A recruitment agency (Arbeitsvermittlung) merely connects job seekers with
employers and does not employ the workers. These are different trades with different legal frameworks.
Security Deposit (Kaution)
Under the AUeG, staffing agencies must provide a security deposit to protect leased workers’ wage claims. The deposit amount depends on the number of workers typically leased and must be lodged with the competent authority before operations begin.
Key Legal Obligations
- Equal treatment: Leased workers are entitled to comparable pay and conditions as permanent staff at the client company
- AUeG reporting: Regular reporting duties to the Zentrale Koordinationsstelle (ZKO) for posted workers
- Record keeping: Detailed records of all leasing arrangements, worker assignments, and durations
- Occupational safety: Both the staffing agency and the client share responsibility for workplace safety
Qualification Requirements
- Entrepreneur exam (Unternehmerpüfung) or equivalent education
- Professional competence in labor law and social insurance matters
- Individual assessment (§19 GewO) with proof of relevant management experience
- Qualified manager (§39 GewO) who holds the required qualifications
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Related Guides
Legally binding: German text of GewO 1994.