This Outstaffing Agreement is designed for situations where companies need to engage external personnel while complying with German labor law requirements. The document is particularly relevant in today's dynamic business environment where organizations require flexible workforce solutions without direct employment responsibilities. The agreement addresses all critical aspects of personnel leasing under German law, including AÜG compliance, social security obligations, workplace safety, and data protection requirements. It's specifically structured to protect both the outstaffing provider's and client's interests while ensuring compliance with German regulatory requirements. The document includes comprehensive provisions for personnel management, service delivery, compliance monitoring, and risk allocation, making it suitable for both long-term strategic workforce planning and shorter-term project-based staffing needs.
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1. Parties: Identification of the outstaffing provider and the client company
2. Background: Context of the agreement and general business purpose
3. Definitions: Key terms used throughout the agreement, including 'Outstaffed Personnel', 'Services', 'Work Location'
4. Scope of Services: Details of the outstaffing services, including personnel categories and qualification requirements
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Personnel Management: Rights and obligations regarding personnel selection, replacement, and management
7. Service Provider Obligations: Key responsibilities of the outstaffing provider, including compliance with AÜG
8. Client Obligations: Client's responsibilities, including workplace safety and supervision
9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Insurance: Required insurance coverage for both parties
14. Compliance with Laws: Obligations to comply with German labor laws and regulations
15. Governing Law and Jurisdiction: Application of German law and dispute resolution procedures
1. Intellectual Property Rights: Required when outstaffed personnel may create IP during their work
2. Non-Competition: Optional restrictions on hiring personnel or competing activities
3. Force Majeure: Needed for managing unforeseeable circumstances affecting service delivery
4. Training and Development: Include when specific training requirements exist for outstaffed personnel
5. Performance Metrics: When specific KPIs or performance standards are required
6. International Personnel: Required when involving personnel from outside Germany
7. Industry-Specific Compliance: For regulated industries with additional compliance requirements
8. Transition Services: When handover or transition periods are needed
1. Schedule 1 - Service Specifications: Detailed description of outstaffing services and personnel requirements
2. Schedule 2 - Fee Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Required Qualifications: Specific qualifications and experience requirements for personnel
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
5. Schedule 5 - Service Levels: Performance standards and measurement criteria
6. Appendix A - Personnel Documentation: Required employment and qualification documentation
7. Appendix B - Workplace Safety Guidelines: Safety procedures and requirements at client locations
8. Appendix C - Compliance Certificates: Copies of required licenses and certificates under AÜG
9. Appendix D - Contact Information: Key contacts and escalation procedures
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