Maximum temporary employment period of 18 months - Can temporary workers stay longer and what exceptions to collective agreements are permitted?

Clear planning counts in temporary employment. You manage assignments with a view to the Maximum transfer period 18 months, because Section 1 (1b) AÜG sets this legal limit. After 18 months, you decide together with the company and the temporary employment agency whether to take on the employee, make a follow-up assignment or extend the contract by means of a collective labour agreement and works agreement. Especially in the context of the AÜG 18 months temporary employment carefully check tariff clauses, deviations and deadlines. In addition, you accurately account for previous assignments and precisely document the „3 months + 1 day“ break so that the counter runs smoothly and deadline chaos can be avoided.

Does the maximum transfer period of 18 months always apply and where is it stated in the law?

Section 1 (1b) AÜG contains the basic rule: The hirer may not assign the same temporary worker to the same hirer for more than 18 consecutive months. The hirer may not employ the same temporary worker for longer than 18 months. The law thus stipulates a maximum assignment period of 18 months as a binding guard rail in the context of temporary employment.

The legislator wants to make it clear that temporary work remains temporary and may not be carried out permanently with the same hirer. In addition, the AÜG requires that the contract between the lender and the hirer is expressly labelled as a temporary employment contract, thus creating transparency and the ability to monitor.

Are temporary workers allowed to stay longer than 18 months and what deviations are permitted under collective agreements?

Next up will be Exceptions checked. The AÜG permits deviations per collective agreement for the deployment sector. If a relevant sectoral collective agreement provides for an extended Maximum transfer period 18 months a works agreement at the hirer can implement this rule, even if the hirer itself is not bound by the collective agreement. However, this requires a Tariff opening clause in the industry tariff. The BAG has confirmed this method and extended the rule uniformly to hirers, lenders and temporary workers.

Specific BAG decisions (including. 4 AZR 26/21 and 4 AZR 83/21) show: Collective agreements may Longer maximum durations than 18 months if the conditions of the opening clause are met and the company has correctly recognised the Company agreement based on the collective labour agreement is realised. This keeps inserts legally compliant longer possible, with plannable Temporary employment Job security.

Is a works agreement without a collective agreement opening clause sufficient, or do you need a bridge to the sectoral collective agreement?

You need the Bridge. A pure works agreement without reference to a collective bargaining opening clause is not sufficient to fulfil the statutory Maximum transfer period 18 months to be extended. Case law requires the Collective basis. Only if the sector collective agreement expressly authorises the extension opens, the works agreement may not contain the concrete make. This follows from the law and BAG case law.

• You ask HR: Which industry tariff applies here?
  
• You check: Is there a tariff opening clause on the transfer period?
  
• You have the Company agreement with reference to the clause.

So you stay protected and informed.

How does the crediting of previous transfers work and when does the interruption of 3 months + 1 day reset the counter?

You count periods of employment with the same hirer in relation to the assignment. Previous assignments may count if the gap between two assignments is no more than three months; if the interruption is longer, the period starts again („3 months + 1 day“ rule).

While holidays or illness within an ongoing temporary employment contract do not interrupt the maximum duration of 18 months, correct records of the start, end and interruptions are essential.

A documented overview protects you from surprises on the due date and facilitates the planning of follow-up assignments, as recommended by IHK guidelines and specialist publications.

What does deployment with the same hirer at other workplaces mean - does this count as a new assignment?

Make a clear distinction between the hirer and the job. The hirer counts for the 18-month period, not the specific job. A change of department or job at the same hirer does not start a new period. The period continues to run unless the interruption lasts more than three months (3 + 1 rule). This is confirmed by BA instructions and IHK advice from practice:

• Same borrower = same watch
• New department ≠ new clock
• Over three months gap = clock to zero

The logic is that simple: the decisive factor is who borrows - not where the work is done.

What are the consequences for lenders and hirers if the maximum assignment period is exceeded?

This is a serious case. An offence against the Maximum transfer period 18 months constitutes an administrative offence. The authorities can Fines of up to €30,000 per case impose a fine. Repeated or gross offences may result in the Reliability of the licence holder that jeopardises the Temporary employment licence. IHK guidelines, expert commentaries and practical contributions confirm this Legal consequences.

You also know Further prohibitions: Chain, intermediate or sub-rental are prohibited by law. This also falls under § 16 AÜG. Therefore, always check whether your application clear is labelled as temporary employment and whether the contract between the lender and the hirer AÜG-compliant is designed. This protects you and your employer.

How do you plan follow-up assignments with legal certainty and how do you strengthen your employee leasing job security?

It's best to start early. At the latest three months before the deadline talk to the scheduler and HR. You then clarify three options: Takeover by the borrower, Extension to basic tariff opening (if available) or Follow-up assignment with another hirer.

Use clear figures and deadlines and calculate your payroll periods precisely. If you want to reset the 18-month period in a targeted manner, check with the company where you are working whether there is a works agreement with an opening clause. Also make sure that you are prepared in good time for an interruption of more than three months so that the maximum assignment period of 18 months restarts cleanly. Here are a few points:

• TimelineToday +90 days → Decision; +60 days → Clarify BV/tariff; +30 days → Adjust contract.
  
• Evidence: Transfer times, interruptions, internal mails.
  
• Fallback: Plan alternative hirers in the Group or in the network.
  

Some Chamber of Industry and Commerce guidelines mention the possibility of bridging periods of interruption through assignments in other group companies of the hirer. This keeps employment stable and preserves the 18-month rule at the original hirer. Always clarify details In writing and AÜG-compliant.

Conclusion

The first thing to look at is Section 1 (1b) AÜG: The Maximum transfer period 18 months is the basic rule. Deviations are only possible via the collective labour agreement for the sector of employment in conjunction with a works agreement. The crediting of previous assignments depends on the hirer and restarts after an interruption of more than three months (3 months + 1 day). Overruns should be avoided as they can trigger fines and licence risks. If you have deadlines, documents and the reference to the labour agreement and collective agreement under control, you can ensure employee leasing and job security - pragmatically, cleanly and predictably.

Zeitarbeit International: How do you ensure legally compliant AÜG processes, quickly and without stress?

Do you want legal certainty and speed? Zeitarbeit International will assist you with assignment planning, check collective labour agreement opening clauses, review works agreements and coordinate follow-up assignments. The team keeps communication open, explains deadlines clearly and ensures clean temporary employment processes with the assignment company. You can find more information here.

FAQ

Are temporary workers allowed to stay longer than 18 months at the company they work for?

With tariff opening the application sector and Company agreement you are allowed to do this at work. Without this bridge, the 18-month limit applies.

Does the maximum transfer period always apply or are there exceptions?

The 18 months apply in principle. Collective labour agreements can be ordered per Opening clause deviate; the BV makes it effective in operation.

How does the crediting of previous assignments with the same hirer work?

All bets count together if the gap ≤ 3 months remains. > 3 months reset the counter.

Does 3 months + 1 day really interrupt the maximum duration of the transfer?

Yes, the BA instructions call > 3 months as a reset threshold.

Can a collective agreement extend the 18-month limit?

Yes, the BAG case law confirmed collectively Extended transfer periods with BV implementation.

Is a works agreement without a collective labour agreement opening clause sufficient?

No. You need the Tariff opening as a basis. Only then is the BV legally binding.

Does a change of workplace in the same company count as a new assignment?

No. For the deadline, the Borrower, not the workstation. The counter continues to run.

What happens if the maximum transfer period is exceeded?

The threat is Fines up to € 30,000 and risks for the reliability of the hirer (AÜ permit).

How do you plan legally compliant assignments for follow-up projects?

You calculate credit periods, check BV/Tariff, secure the > 3-month gap and clarify takeover or change at an early stage.

Does the exception also apply to hirers who are not bound by collective agreements?

Yes, if a Company agreement the Tariff opening takes over. This means that the hirer who is not bound by the collective agreement can extend the contract with legal certainty. 

Zeitarbeit International: How do you ensure legally compliant AÜG processes, quickly and without stress?

Do you want legal certainty and speed? Zeitarbeit International will assist you with assignment planning, check collective labour agreement opening clauses, review works agreements and coordinate follow-up assignments. The team keeps communication open, explains deadlines clearly and ensures clean temporary employment processes with the assignment company. You can find more information here.