The Arbeitnehmerüberlassungserlaubnis is the licence the Bundesagentur für Arbeit (Federal Employment Agency) issues before any company may lease out staff commercially under Section 1 of Germany's Temporary Employment Act (AÜG). It is granted by just one of three nationwide offices, costs between €218 and €2,060 depending on administrative effort, runs for one year at first, and can become permanent after three consecutive years of licensed operation (source: arbeitsagentur.de/unternehmen/personalfragen/pflichten-arbeitgeber/arbeitnehmerueberlassung/erlaubnis-arbeitnehmerueberlassung, retrieved 11 September 2026).
This article covers the administrative procedure only: who needs the licence, where and with which documents it is applied for, what it costs, how the first-year term and renewal work, and how a client company (Entleiher) actually verifies a supplier's licence. The substantive law around equal pay, the 18-month assignment cap and the other AÜG duties is covered in our article on the German Temporary Employment Act; the contract between agency and client in our article on the staffing agreement; and how to choose a provider overall – collective agreement coverage, references, pricing model – in our article on staffing agencies.
Who actually needs this licence?
Under Section 1(1) AÜG, any employer who, as a lender (Verleiher), commercially supplies workers to a third party (Entleiher) for their business purposes needs a licence (source: gesetze-im-internet.de/a_g/__1.html, retrieved 11 September 2026). The duty applies regardless of company size, to natural and legal persons alike.
One practical exception matters: companies with fewer than 50 employees that want to lend staff for a single, time-limited assignment to avoid layoffs or short-time work can file a simple notification (Anzeige) instead of applying for the full licence (source: arbeitsagentur.de/unternehmen/personalfragen/pflichten-arbeitgeber/arbeitnehmerueberlassung, retrieved 11 September 2026). Also exempt are certain intra-group transfers made without hiring for the purpose of leasing, secondments to a joint venture built to deliver a single work project, and specific public-sector staff-pooling arrangements.
Where is the licence applied for – which office is responsible?
Unlike most administrative filings, this one does not go to the local employment agency. Only three offices nationwide handle it, assigned strictly by the applicant's registered seat (source: arbeitsagentur.de/unternehmen/personalfragen/pflichten-arbeitgeber/arbeitnehmerueberlassung/erlaubnis-arbeitnehmerueberlassung, retrieved 11 September 2026):
| Responsible Agentur für Arbeit | Company seat (German states) |
|---|---|
| Agentur für Arbeit Nürnberg | Baden-Württemberg, Bavaria, Rhineland-Palatinate, Saarland |
| Agentur für Arbeit Düsseldorf | Hesse, North Rhine-Westphalia |
| Agentur für Arbeit Kiel | Berlin, Brandenburg, Bremen, Hamburg, Mecklenburg-Vorpommern, Lower Saxony, Saxony, Saxony-Anhalt, Schleswig-Holstein, Thuringia |
Companies headquartered abroad fall under the same three offices, just sorted by country instead of state: Austria, France and Italy route to Nürnberg, the Netherlands, Poland and Ireland to Düsseldorf, and Denmark plus most other EU/EEA states to Kiel. The full country list is published on the agency's own page.
Which documents and proofs does the application need?
The agency asks for a defined set of documents, best prepared electronically before filing (source: arbeitsagentur.de/unternehmen/personalfragen/pflichten-arbeitgeber/arbeitnehmerueberlassung/erlaubnis-arbeitnehmerueberlassung, retrieved 11 September 2026):
- Completed form "Antrag auf Erlaubnis zur Arbeitnehmerüberlassung" (AÜG 2a)
- Certificate of good conduct for authorities, for the person(s) authorised to represent the company
- Central Trade Register extracts for the representative (GZR3) and for the company (GZR4)
- A chronological commercial register extract
- A copy of the articles of association and the current list of shareholders
- A copy of the trade registration (Gewerbeanmeldung)
- Confirmation from the responsible trade association for accident insurance (Berufsgenossenschaft)
- Confirmation from health insurers covering at least half of the workforce
- Proof of liquid funds of €3,000 per (planned) temporary worker, at least €15,000 in total
- A sample employment contract for temporary workers and a sample staffing agreement
- For a first-time application only: a CV/career history of the authorised representatives
- A power of attorney, if the application is not filed by a person authorised by law, statute or partnership agreement
What does the licence cost?
The agency charges a processing fee based on actual administrative effort, ranging from €218 to €2,060. A first-time application typically costs €377; the first renewal and an application for a permanent licence typically cost €2,060 each. Reviewing additional branch locations can add further fees (source: arbeitsagentur.de/unternehmen/personalfragen/pflichten-arbeitgeber/arbeitnehmerueberlassung/erlaubnis-arbeitnehmerueberlassung, retrieved 11 September 2026). Payment is due only after the decision, alongside the fee notice – e-payment is available.
How does the application process work?
The agency describes five steps, all of which can run through its digital service:
| Step | Document / responsibility | Cost | Timing |
|---|---|---|---|
| 1. Fill out the form | Form AÜG 2a plus supporting documents; one of three offices (Nürnberg, Düsseldorf, Kiel) | none | depends on your own preparation |
| 2. Upload the application | Digital service, authentication via electronic ID card or residence permit | none | immediate |
| 3. Review by the agency | Follow-up questions and requests for further documents possible | none | no fixed deadline – "as quickly as possible" once complete |
| 4. Fee notice and payment | Notice arrives with the decision; e-payment available | €218–€2,060, typically €377 first-time | due once granted |
| 5. Submit further documents | Anytime via the digital service | none | ongoing |
First year, renewal and the road to a permanent licence: the timeline
Section 2 AÜG sets a fixed rhythm (source: gesetze-im-internet.de/a_g/__2.html, retrieved 11 September 2026):
- Year 0 – first application: the licence is granted for one year under Section 2(4) sentence 1 AÜG, typically for a €377 fee.
- At least 3 months before expiry: the renewal application must be filed – otherwise it counts as a fresh application (Section 2(4) sentence 2 AÜG).
- End of year 1: the licence renews automatically for another year unless the agency rejects the renewal beforehand (Section 2(4) sentence 3 AÜG); the first renewal typically costs €2,060.
- If rejected: the licence remains valid to wind down contracts already lawfully concluded, but for no more than twelve months (Section 2(4) sentence 4 AÜG).
- After 3 consecutive licensed years: a permanent licence can be applied for (Section 2(5) sentence 1 AÜG), again typically for €2,060.
- From then on: the permanent licence lapses only if it goes unused for three straight years (Section 2(5) sentence 2 AÜG).
When is the licence refused?
Section 3 AÜG obliges the agency to refuse the licence, or its renewal, whenever facts justify the assumption that the applicant lacks the reliability the activity requires – for instance by disregarding social-security law, wage tax rules, foreign-employment law, the 18-month assignment cap, or labour-law duties – or is organisationally unable to meet the usual employer obligations, or fails to grant a temporary worker the working conditions and pay owed under Section 8 AÜG (source: gesetze-im-internet.de/a_g/__3.html, retrieved 11 September 2026). Refusal is also mandatory when the relevant establishments sit outside the EU or EEA; lacking German or EEA nationality can be grounds for refusal too, though EU/EEA nationals are treated the same as German nationals.
When is it withdrawn or revoked?
Withdrawal and revocation are two distinct actions. A withdrawal (Rücknahme) under Section 4 AÜG applies to a licence that was unlawful from the start and is only permitted within one year of the agency learning the relevant facts; if the operator's reliance on the licence deserves protection, the agency compensates the resulting financial loss on request – unless the licence was obtained by deceit, false statements, or with knowledge of its unlawfulness. A revocation (Widerruf) under Section 5 AÜG instead applies to a licence that was lawful when granted, for example where a reservation is exercised, a condition was not met in time, or grounds for refusal arose later; it too is only permitted within one year of the agency learning the facts (source: gesetze-im-internet.de/a_g/__4.html and __5.html, retrieved 11 September 2026). This section places the legal rules in context and is not a substitute for individual legal advice.
How does a client company check whether its staffing supplier holds a valid licence?
The Bundesagentur für Arbeit runs a free public register at spitzenverbaende.arbeitsagentur.de, searchable by company name and filterable by domestic, foreign, or agency district. The operator states the list is updated daily (source: spitzenverbaende.arbeitsagentur.de, retrieved 11 September 2026). The register itself carries an explicit warning, though: "binding information to third parties on whether a licence exists may only be given by the employment agencies responsible for administering the AÜG." A hit in the list is a strong indicator, but before a larger engagement it is worth calling the exact office – Nürnberg, Düsseldorf or Kiel – responsible for the supplier's registered seat.
A second lever sits in the contract itself: under Section 12(1) sentence 3 AÜG, the lender must state in the staffing agreement whether it holds the licence under Section 1 (source: gesetze-im-internet.de/a_g/__12.html, retrieved 11 September 2026). Ask for that statement together with a copy of the licence certificate – including licence number and term – before the first worker starts. Under Section 12(2) AÜG, the lender must also notify the client immediately once the licence lapses, whether through non-renewal, withdrawal or revocation, and must indicate the expected end of the wind-down period.
The reason this check genuinely pays off sits in Sections 9 and 10 AÜG: without a valid licence, the staffing agreement becomes void, and an employment relationship is deemed to have arisen retroactively between the client and the temporary worker – with full pay obligations (source: gesetze-im-internet.de/a_g/__9.html and __10.html, retrieved 11 September 2026). The client becomes an unintended employer. Three steps cover most of the practical risk: ask for the licence certificate and its number, cross-check the company name in the public register, and, for larger volumes, place one confirming call to the responsible agency.
Frequently asked questions about the German staffing licence
How long does it take to process an application for the AÜG licence?
The Bundesagentur für Arbeit publishes no fixed processing deadline. By its own account it decides "as quickly as possible" once all documents and proofs are complete; missing paperwork extends the process through follow-up questions (source: arbeitsagentur.de, retrieved 11 September 2026). The real lever is your own preparation, not the agency's calendar.
What does renewing the licence cost?
The first renewal application typically costs €2,060 – well above the €377 charged for a first-time application. The same fee typically applies to an application for a permanent licence; reviewing additional branch locations can add further costs (source: arbeitsagentur.de, retrieved 11 September 2026).
When does the licence become permanent?
Under Section 2(5) AÜG, a permanent licence can be applied for once a lender has operated with a licence for three consecutive years. It lapses again, though, if it goes unused for three straight years – ongoing operation stays the condition, not just a one-off track record.
How can I check whether a staffing provider holds a valid licence?
The free register at spitzenverbaende.arbeitsagentur.de lists every licence holder and, per the operator, is updated daily. That alone is not enough for a legally binding confirmation: only the responsible Agentur für Arbeit may give a binding statement to a third party on whether a licence exists (source: spitzenverbaende.arbeitsagentur.de, retrieved 11 September 2026).
What happens if a supplier leases staff without a valid licence?
Under Section 9 AÜG the agreement between lender and client becomes void, usually along with the employment contract with the temporary worker. Section 10 AÜG then lets an employment relationship arise retroactively between the client and the worker – the client becomes an unintended employer with full pay obligations and the other employer duties.
Do small companies need a licence too?
Generally yes, since the licence duty does not depend on company size. The only exception applies to companies with fewer than 50 employees leasing staff for a single, time-limited assignment to avoid layoffs or short-time work – for that, a simple notification suffices instead of the full licence, per the Bundesagentur für Arbeit.
Jürgen Ulbrich
Jürgen Ulbrich has more than a decade of experience in developing and leading high-performing teams and companies. As an expert in employee referral programs as well as feedback and performance processes, Jürgen has helped over 100 organizations optimize their talent acquisition and development strategies.
