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
Hiring may not be prohibited
Clauses that forbid you to hire the worker are void (§ 9 (1) no. 3 AÜG).
- 2
A reasonable fee is allowed
The agency may charge a reasonable placement fee if this was agreed.
- 3
The person may switch
Agreements that forbid the worker to join you are void (§ 9 (1) no. 4 AÜG).
- 4
Mind the notice period
The person resigns from the agency – the notice period is in their contract.
- 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.
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.
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