Your AÜG License was denied – Professional Assistance in a Situation That Threatens Your Business’s Survival

Why Companies Rely on Specialized Legal Support

When the Fed­er­al Employ­ment Agency (Bun­de­sagen­tur für Arbeit) is con­sid­er­ing revok­ing or with­draw­ing your labor leas­ing license (AÜG license), this is not a rou­tine admin­is­tra­tive pro­ce­dure. For many staffing agen­cies, the very eco­nom­ic foun­da­tion of the entire com­pa­ny is at stake at this moment.

This is pre­cise­ly why com­pa­nies turn to our law firm:
Because we don’t “also” han­dle labour leas­ing — we spe­cial­ize in it. We are tak­ing care of hun­dreds of cas­es like yours, we know what we are doing. And usu­al­ly we can save your license.

Is your AÜG license at risk of being denied or revoked?

Many com­pa­nies only learn that their license may be at risk through a let­ter from the Fed­er­al Employ­ment Agency.

Often, the alle­ga­tions and find­ings involve:

• Vio­la­tions of guar­an­teed wage requirements
• Vio­la­tions of equal pay or col­lec­tive tar­iff agreements
• Exceed­ing the max­i­mum assign­ment duration
• Issues with social secu­ri­ty or pay­roll processing
• Flawed con­tract drafting
• Errors in the cal­cu­la­tion of vaca­tion, sick leave, and holidays
• Doubts regard­ing the company’s or CEO’s reliability

Even a sin­gle and seem­ing­ly small com­plaint can be enough for the author­i­ties to ques­tion your company’s reli­a­bil­i­ty and to issue a hear­ing against you.

This is exact­ly where our work begins: We ana­lyze the alle­ga­tions and find­ings, devel­op a defense strat­e­gy, and han­dle all com­mu­ni­ca­tion with the author­i­ties — clear­ly, sys­tem­at­i­cal­ly, and always with an eye toward the finan­cial impli­ca­tions for your business.

Specialized in labour leasing. We are not a general labor law firm.

Labor leas­ing is one of the most com­plex areas of labor law. Our spe­cial­iza­tion there­fore makes all the dif­fer­ence in crit­i­cal sit­u­a­tions: Because when there is a threat of a license being denied or revoked, gen­er­al knowl­edge of labor law is often insuf­fi­cient. In such cri­sis sit­u­a­tions, what counts is the com­bi­na­tion of legal exper­tise and prac­ti­cal knowl­edge, as well as the ded­i­cat­ed action of expe­ri­enced spe­cial­ists. It also helps that we know the authority’s stan­dards by heart and most of the clerks at the Fed­er­al Employ­ment Agency by name already.

We there­fore know the author­i­ties’ review stan­dards, typ­i­cal points of attack, and the strate­gi­cal­ly cru­cial ques­tions in AÜG pro­ceed­ings — from numer­ous suc­cess­ful­ly con­clud­ed cas­es and pro­ceed­ings.

Why clients choose our specialized law firm

Because experience in AÜG proceedings matters

Pro­ceed­ings involv­ing AÜG license rarely revolve sole­ly around indi­vid­ual sec­tions of the law. What mat­ters is how author­i­ties frame their argu­ments, what doc­u­men­ta­tion they expect, and where their deci­sions can actu­al­ly be challenged.

Our clients ben­e­fit from:

• Over 25 years of spe­cial­iza­tion in labor leasing
• Exper­tise gained from more than 1,000 cas­es han­dled
• In-depth knowl­edge of reg­u­la­to­ry practices
• strate­gic advice rather than pure­ly the­o­ret­i­cal opinions
• rapid response to hear­ings and audits
• prac­ti­cal solu­tions with an eye toward ongo­ing busi­ness operations

Because economic consequences must be avoided

The revo­ca­tion of a labor leas­ing (AÜG) license can have con­se­quences threat­en­ing a company’s very exis­tence:

• Jeop­ardy to cus­tomer relationships
• Loss of exist­ing tem­po­rary staffing con­tracts
• Risk of fic­ti­tious employ­ment relationships
• Fines and fol­low-up audits
• Rep­u­ta­tion­al dam­age among cus­tomers and busi­ness partners

Our goal is clear: to secure your license and keep your com­pa­ny oper­a­tional in the market.

Because swift and strategic action is crucial

Many pro­ceed­ings can be influ­enced as ear­ly as the hear­ing stage — pro­vid­ed that you respond prompt­ly and professionally.

We assist you with, among oth­er things:

• Sub­mit­ting state­ments to the Fed­er­al Employ­ment Agency
• Defend­ing against revo­ca­tion or denial
• Prepar­ing for audits
• Legal analy­sis of crit­i­cal issues
• Opti­miz­ing con­tracts and inter­nal processes
• If nec­es­sary, we also assist with the judi­cial enforce­ment of your rights, includ­ing in sum­ma­ry pro­ceed­ings!

Secure specialized support now

If your AÜG license is at risk, you should not waste any time. Ear­ly legal sup­port often sig­nif­i­cant­ly improves your defense options and can help pre­vent finan­cial loss­es. We under­stand the cri­sis sit­u­a­tion posed by an impend­ing license revo­ca­tion and know how to suc­cess­ful­ly nav­i­gate pro­ceed­ings with the Fed­er­al Employ­ment Agency.

Our law firm rep­re­sents com­pa­nies and leas­ing agen­cies nation­wide in all mat­ters relat­ed to labor leas­ing — with spe­cial­ized exper­tise, expe­ri­ence, and strate­gic insight.

What to Do If Your AÜG License Is at Risk of Being Denied or Revoked?

Many com­pa­nies react too late and under­es­ti­mate the sig­nif­i­cance of the Fed­er­al Agency’s ini­tial notice of a hear­ing — with­out being able to ful­ly assess the legal con­se­quences. Yet the course of action is often set very ear­ly on: The soon­er you pro­vide a sub­stan­tive response to the objec­tions, the bet­ter your chances of success.

Our law firm not only han­dles the legal assess­ment but also works with you to devel­op a con­crete defense strategy.

Learn more

When should a per­mit bei denied?
Deter­mi­na­tion of Future Con­duct Required
What should be done to pre­vent the revo­ca­tion of the license?

When should a permit be denied?

Sec­tion 3 of the Tem­po­rary Employ­ment Act (AÜG) pro­vides as follows:

• A license or its renew­al must be denied if there are facts that jus­ti­fy the assump­tion that the applicant
• lacks the nec­es­sary reli­a­bil­i­ty, in par­tic­u­lar because they do not com­ply with the pro­vi­sions of social secu­ri­ty law, regard­ing … wage tax, … employ­ment place­ment, … employ­ment of for­eign nation­als, … max­i­mum dura­tion of tem­po­rary assign­ment, … occu­pa­tion­al safe­ty law, or labor law oblig­a­tions (para. 1 no. 1) = “gen­er­al clause”
• is not capa­ble of ful­fill­ing the usu­al employ­er oblig­a­tions due to the struc­ture of their busi­ness orga­ni­za­tion (para. 1 no. 2)
• does not grant the tem­po­rary work­er the work­ing con­di­tions to which they are enti­tled under § 8 (includ­ing remu­ner­a­tion) (para. 1 no. 3)

Determination of Future Conduct Required

In this con­text, the revo­ca­tion of a per­mit depends less on past con­duct than on whether the appli­cant will behave appro­pri­ate­ly in the future. The fol­low­ing rules apply here:

• Courts always ask whether it is rea­son­able to expect that the hold­er of the AÜG per­mit will com­ply with legal require­ments in the future? (BSG, Feb. 6, 1992 — 7 RAr 140/90)
• Assess­ment date: last oral hear­ing (BSG, loc. cit.)
• If the prog­no­sis does not lead to a clear result, this is to the detri­ment of the licens­ing author­i­ty (BSG, loc. cit.)
• Of par­tic­u­lar rel­e­vance are vio­la­tions of “core oblig­a­tions” (BSG, loc. cit.): These include com­pli­ance with reg­u­la­tions regard­ing com­pen­sa­tion, vaca­tion, and oth­er mon­e­tary ben­e­fits (see LSG NRW, Feb. 19, 2019 — L 20 AL 188/18 B ER; LSG Sax­ony-Anhalt, Nov. 10, 2017 — L 2 AL 75/17 B ER)
• Also suf­fi­cient: an accu­mu­la­tion of cir­cum­stances that, tak­en indi­vid­u­al­ly, do not jus­ti­fy a denial (LSG Low­er Sax­ony-Bre­men, June 27, 2018 — L 7 AL 22/18 B ER)

Increas­ing­ly, deci­sions by the Fed­er­al Employ­ment Agency are based on high­ly com­plex issues, such as whether the cir­cum­stances sur­round­ing post­ings abroad have been cor­rect­ly assessed under social secu­ri­ty law, or whether the trans­fer of employ­ees con­sti­tut­ed a trans­fer of business.

How­ev­er, even vio­la­tions that are legal­ly sim­pler to assess can have seri­ous con­se­quences, such as breach­es of the guar­an­teed wage prin­ci­ple or the improp­er shift­ing of employ­ment risk onto employ­ees. What­ev­er the spe­cif­ic issue may be, the law firm AMETHYST Recht­san­wälte will advise and assist you com­pe­tent­ly, draw­ing on years of experience.

What can be done to prevent the revocation of the license?

Since the pos­i­tive prog­no­sis is based on facts, the main focus is on hav­ing your attor­ney explain why past mis­takes will not be repeat­ed and what can be done bet­ter in the future. Those affect­ed should there­fore point out to the BAfA / Fed­er­al Empl. Agency that

• an improve­ment is tak­ing place
• this improve­ment is vis­i­ble to the out­side world, e.g., through: 
  • sem­i­nar bookings
  • hir­ing of skilled personnel
  • soft­ware purchases
  • new con­tract templates
  • con­clu­sion of con­sult­ing agreements

Gen­er­al­ly speak­ing, first-time vio­la­tions tend to be less prob­lem­at­ic, where­as sub­se­quent vio­la­tions are all the more problematic.