Temporary staffing

Hiring a temporary worker – rules and costs

The person from the staffing agency is a perfect fit? How to take on temporary workers permanently – with the rules of the AÜG and typical contract clauses.

Why companies hire them

Proven on the job

You already know the person's work and conduct from everyday practice.

No new onboarding

The person already knows processes, clients and colleagues.

The team works well

Hiring keeps knowledge and cooperation in-house.

Maximum term reached

Leasing usually ends after 18 months – hiring keeps the person.

What the AÜG says

  1. 1

    Hiring may not be prohibited

    Clauses that forbid you to hire the worker are void (§ 9 (1) no. 3 AÜG).

  2. 2

    A reasonable fee is allowed

    The agency may charge a reasonable placement fee if this was agreed.

  3. 3

    The person may switch

    Agreements that forbid the worker to join you are void (§ 9 (1) no. 4 AÜG).

  4. 4

    Mind the notice period

    The person resigns from the agency – the notice period is in their contract.

  5. 5

    New employment contract

    When hiring, you sign your own employment contract on your terms.

What does hiring cost?

Many staffing contracts tier the placement fee by length of assignment: the longer the person has worked for you, the lower it is – often it disappears entirely after a certain time. Without an agreement in the contract, no fee is due.

Compare staffing and placement in the calculator

Clarify before the assignment

Thinking about hiring from the start saves money later.

  • Read the takeover clause

    Is there a placement fee in the contract, and how is it calculated?

  • Tiered by assignment length

    Does the fee decrease with every month on assignment?

  • When it becomes free

    After how long on assignment does the fee disappear entirely?

  • Basis of the fee

    Is it based on the hourly rate, the future salary or a fixed amount?

  • Direct placement instead?

    If you want to hire permanently anyway, placement from the start can be cheaper.

Staffing or placement – you choose

On SilentHire you decide for each position whether you're looking for temporary staffing or a permanent hire through placement. Agencies with a verified permit state their billing rate in the proposal; you clarify the takeover terms with them before the assignment.

Post a job for free

Free for companies. This overview is not legal advice.

Frequently asked questions: hiring a temporary worker

May the agency prohibit hiring?

No. Clauses that forbid the client to hire the temporary worker are void under § 9 (1) no. 3 AÜG.

Do I have to pay a placement fee?

Only if it was agreed in the staffing contract, and only a reasonable amount. It often decreases with the length of the assignment and disappears after some time.

May I approach the temporary worker directly?

Yes. Agreements that forbid the worker to switch to the client are void. The notice period with the agency still applies.

How long may I lease someone before I have to hire them?

There is no obligation to hire. Leasing to the same company is, however, generally limited to 18 months; collective agreements can differ.

Is direct placement cheaper than hiring later?

If you know you want to hire permanently, often yes – you pay a placement fee instead of hourly rates plus a takeover fee. The cost calculator shows the comparison.

Sources

Last reviewed: 7 November 2026