Legal certainty
Leasing workers from Poland under German law
Permit, customs notification, equal pay and A1: every assignment meets the German rules before the first shift.
- Leasing permit from the Agentur für Arbeit
- Customs notified before every assignment
- Equal pay from the first day
The four legal requirements
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Leasing permit
Required for agencies based outside Germany too. We hold this permit.
-
Customs notification
Filed before each assignment starts. The confirmation goes in the assignment file.
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Equal pay
Pay matches your comparable staff from the first day.
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A1 certificate
In place before the first working day. Social security stays in Poland.
Maximum assignment length per worker
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1st day
Equal pay applies from the first day
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18 months
Maximum at the same hirer
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> 3 months
Break after which the count starts again
We count every worker's months across all hirers.
Who does what
We handle
- Leasing permit from the Agentur für Arbeit
- Customs notification before every assignment
- A1 certificate before the first working day
- Equal pay calculated for each assignment
- Tracking the 18-month limit for every worker
You handle
- Sign the leasing contract in text form
- Share pay data for your comparable staff
- Tracking the 18-month limit on your side as well
Non-EU nationals: we assess each case individually.
Fines for breaches
-
Fine up to €500,000
- Equal-pay working conditions withheld
- Foreign agency worker engaged without the required residence title
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Fine up to €30,000
- Leasing without a permit
- Maximum assignment duration exceeded
- Notification and record-keeping duties breached
If the agency has no permit, the law can make you the worker's employer.
FAQ
Does a Polish staffing agency need a German licence?
Yes. The licence duty applies wherever the agency is based. For agencies based in Poland, the Agentur für Arbeit Düsseldorf is the competent authority.
How long may the same worker stay in our plant?
At most 18 consecutive months. Only a break of more than 3 months resets the clock.
Is an A1 certificate enough?
No. The A1 covers social security only, normally up to 24 months. Permit, customs notification and equal pay apply in addition.
Can workers be leased into construction?
Only by exception: the lessor is seated in the EEA and has predominantly carried on the same activity for at least 3 years. Without that evidence, the ban applies.
Does the assignment period restart when a business is transferred?
You should not rely on it. The question is pending before the Court of Justice of the EU. The Advocate General proposes that the period keeps running.
Legal basis
- Leasing permit
- §§ 1 Abs. 1 und 4, 2 Abs. 1 und 3, 18 AÜG
- Posting and leasing
- § 1 Abs. 1 AÜG; Art. 12 VO (EG) 883/2004
- A1 certificate
- Art. 12, 16 VO (EG) 883/2004; EuGH 03.06.2021 — C-784/19
- Customs notification
- §§ 17b, 17c AÜG
- Equal pay
- § 8 Abs. 1 und 4 AÜG
- Maximum duration
- § 1 Abs. 1b AÜG
- Business transfer
- EuGH C-136/25 (Pemak); BAG 01.10.2024 — 9 AZR 264/23 (A)
- Construction
- § 1b AÜG
- Leasing without a permit
- § 16 Abs. 1 AÜG; §§ 9 Abs. 1 Nr. 1b, 10 AÜG
- Hirer: assignment period
- § 1 Abs. 1b AÜG; EuGH C-136/25 (Pemak)
- Hirer: contract in text form
- § 12 AÜG
- Hirer: comparator data
- § 8 Abs. 1 AÜG
- Equal-pay working conditions withheld
- § 16 Abs. 1 Nr. 7a AÜG
- Foreign agency worker engaged without the required residence title
- § 16 Abs. 1 Nr. 2 AÜG
- Leasing without a permit
- § 16 Abs. 1 Nr. 1 AÜG
- Maximum assignment duration exceeded
- § 16 Abs. 1 Nr. 1e AÜG
- Notification and record-keeping duties breached
- § 16 Abs. 1 Nr. 14, 15 AÜG
Request workers from Poland
Tell us the roles and the start date. Customs notification, A1 and equal pay are in place before the first shift.
