Xcede’s Expertise in Germany
Xcede is well established in the German market. With offices based in and around the DACH region, clients and candidates can rest assured that we are fully compliant with all necessary legislative requirements.
We have provided hundreds of temporary workers to companies throughout Germany, so we have a wide range of experience in the legislation, paperwork & management of AÜG Contracts.
As experts in employee leasing, we only use the best current industry software and train our consultants to meet the necessary legal and organisational requirements in the most efficient way.
We Are Data Privacy Experts
As part of the Xcede Group, Xcede is fully compliant with all aspects of data privacy legislations, from GDPR in the UK, to current regulations in the DACH region and beyond. The Xcede Group will process your personal information in accordance with all applicable laws, including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018).
What Is an AÜG License?
The AÜG licence is the legal requirement for hiring out employees to other companies in Germany. Companies that have an AÜG licence are regularly audited by the Employment Agency. The content of these audits is the legal conformity and whether the companies deal fairly with their temporary workers.
What are the benefits to you?
Compliance is guaranteed. We are experienced in working on German projects to deliver external resources outside of AÜG. We work with true freelancers working outside of client control to deliver critical programmes of work, as well as clients to ensure proper clarification around tax needs, worker classification, and ensure compliance with our candidates including necessary work permits, insurances and any other client requirements are adhered to.
Why Have an AÜG License?
The possession of such a licence is not yet a sign of quality - it is limited in time and the company is audited annually until the employment agency deems the company to be so reliable and fair that an unlimited AÜG licence is granted.
What Is A “True Freelancer”?
A true freelancer is an independent contractor and must not be integrated into the corporate structure of either the client or the intermediary company. They create their own invoices, are never bound by instructions and are free to choose when and where they carry out their work.
What are the Risks of Worker Misclassification?
If these conditions are not met, it is a case of bogus self-employment with the consequence that a bogus freelancer has entered into an employment contract with the client and the social security contributions and taxes must be paid retroactively by the client (not by the freelancer), depending on the duration of the assignment. You could also be at risk of a €500,000 fine.
When it comes to the subsequent payment of social security contributions, even in the case of a limited liability company - in the event of the company's insolvency - the managing director is liable with his private assets.