Rights of temporary agency workers in CH and DE

Short answer: In staff leasing you are employed by the staffing provider: it pays your salary and social security contributions, while the client company gives you day-to-day instructions. In Switzerland, the rights of temporary agency workers follow from the Recruitment Act (AVG), the Code of Obligations (OR) and the collective agreement for staff leasing (GAV Personalverleih), which does not apply to annual salaries above CHF 148,200 (2026). In Germany, the Temporary Agency Work Act (AÜG) requires equal pay from day one, in principle, with collective agreements allowed to deviate on pay for no more than 9 months (up to 15 months under a sector supplement agreement), and caps assignments at 18 months per client.

This guide is for lawyers and compliance professionals considering an interim assignment through staff leasing. It explains who your employer is, which rules apply in Switzerland and Germany, and what to know about holidays, sickness and parental leave.

Who is your employer in staff leasing?

Your employer is the staffing provider with whom you sign the employment contract. The company where you work is called the Einsatzbetrieb (client company) in Switzerland and the Entleiher (hirer) in Germany. It holds the right to give you professional instructions, and you are integrated into its team.

Contracts: you have an employment contract with the provider; the provider has a separate staff leasing agreement with the company.
Pay and deductions: the provider handles salary, expenses and social security.
Licence: in Switzerland the provider needs a cantonal licence (Art. 12 AVG); in Germany it needs a licence from the Federal Employment Agency (§ 1 AÜG).

Questions about pay, holidays and your contract go to the provider; questions about the work go to the company. How staff leasing and freelancing compare is covered in Interim and project work for lawyers.

Switzerland: employment contract, GAV Personalverleih and notice periods

In Switzerland, the AVG and the Code of Obligations govern your employment; the GAV Personalverleih may also apply to salaries up to CHF 148,200 a year if the provider falls within its scope (licensed firms whose main activity is staff leasing).

Employment contract

The contract is generally in writing and states, among other things, the work, place, start, duration or notice period, working hours, salary and deductions, and benefits for sickness, maternity, accident and holidays (Art. 19 AVG). Clauses requiring fees or withheld wages from you, or making it harder to move to the client company later, are void (Art. 19(5) AVG).

GAV Personalverleih

The declaration of general applicability of the GAV Personalverleih runs until 31 December 2027. Employees earning more than the maximum insured salary under the Accident Insurance Act are excluded; in 2026 that is CHF 148,200 a year. Many experienced lawyers and compliance professionals earn more; for them the AVG and the Code of Obligations still apply. More on compliance assignments is in Compliance careers in Switzerland. If the client's sector is covered by a generally binding collective agreement, the provider must apply its pay and working-time rules (Art. 20 AVG).

Notice periods

For open-ended assignments, notice is at least 2 days in the first 3 months and at least 7 days in months 4 to 6 (Art. 19(4) AVG). After that, the Code of Obligations applies: 1 month to the end of a month in the first year of service (Art. 335c OR). Switzerland sets no statutory maximum assignment duration.

Social security

The provider deducts contributions from every salary payment and pays them together with the employer's share (Arts. 12, 14 AHVG). For old-age and survivors' insurance (AHV) contributions, you are treated as in a permanent job. Check in your employment contract before signing how occupational pension (BVG) and daily sickness allowance are handled.

Germany: equal pay, maximum duration and social security

In Germany, two AÜG rules matter most: equal pay and the maximum assignment duration.

Equal pay

For the duration of the assignment, the provider must grant you the essential working conditions of a comparable permanent employee of the hirer, including pay (§ 8(1) AÜG). A collective agreement may deviate on pay only for the first 9 months; with a sector-specific supplement agreement, up to 15 months with gradual increases are possible (§ 8(4) AÜG). You may ask the hirer about the conditions of comparable employees (§ 13 AÜG).

Maximum duration

You may be assigned to the same hirer for no more than 18 consecutive months (§ 1(1b) AÜG). Earlier assignments count in full if the gap between them is three months or less, even through a different provider. If the cap is exceeded, an employment relationship with the hirer is deemed to exist unless you declare that you wish to stay with the provider (§§ 9, 10 AÜG).

Information and social security

Before each assignment the provider names the hirer in text form (§ 11(2) AÜG) and pays your social security contributions; the hirer is liable for them as a guarantor (§ 28e(2) SGB IV) and must inform you of vacancies (§ 13a AÜG).

Switzerland and Germany compared

The rules differ mainly on pay protection and assignment duration.

Topic	Switzerland (Personalverleih)	Germany (Arbeitnehmerüberlassung)
Employer	Provider with a cantonal licence (Art. 12 AVG)	Provider with a Federal Employment Agency licence (§ 1 AÜG)
Pay protection	GAV Personalverleih up to CHF 148,200 a year; above that AVG and Code of Obligations	Equal pay; collective deviation on pay for no more than 9 months (up to 15 with sector supplements)
Maximum duration per client	No statutory maximum	18 months; earlier assignments count if the gap is 3 months or less
Notice at the start	2 days (months 1–3), 7 days (months 4–6) for open-ended assignments	2 weeks during an agreed probation period, otherwise 4 weeks to the 15th or end of month (§ 622 BGB)
Sick pay	3 weeks in the first year of service if employment lasts over 3 months (Art. 324a OR), or equivalent insurance	Up to 6 weeks, after 4 weeks of employment (§ 3 EFZG)
Moving to the client	Restrictive clauses void (Art. 19(5) AVG)	Hiring bans invalid (§ 9(1) nos. 3, 4 AÜG)

Holidays, sickness and parental leave in staff leasing

For holidays, sickness and family leave, your statutory entitlements apply against the provider as your employer.

Holidays: your entitlement follows from your contract and the law; the number of holiday days should be stated in the contract. Agree holidays with both the provider and the company.
Sickness: sick pay under Art. 324a OR or §§ 3, 4 EFZG (see table). In Switzerland, an equivalent daily sickness allowance insurance often replaces the statutory rule (Art. 324a(4) OR).
Maternity in Switzerland: 14 weeks of maternity leave at 80% compensation, capped at CHF 220 a day (Art. 329f OR, Arts. 16e, 16f EOG); 2 weeks for the other parent (Art. 329g OR).
Maternity protection and parental leave in Germany: protection periods of 6 weeks before and 8 weeks after birth (§ 3 MuSchG); parental leave until the child's third birthday, notified 7 weeks in advance (§§ 15, 16 BEEG).

Checklist before you sign

Does the provider hold the licence for the country of the assignment?
Does the contract state the client, place, start, duration and workload?
What is the salary, and does a collective agreement apply?
Which notice periods apply in the first months?
How are holidays, sickness insurance and expenses handled?
In Germany: how many months have you already worked for the same hirer?

Alpinum Solutions provides lawyers and compliance professionals through staff leasing and freelancing. For Personalverleih in Switzerland it holds a cantonal licence and a SECO licence for staff leasing abroad; for Arbeitnehmerüberlassung in Germany it holds a licence from the Hesse regional directorate of the Federal Employment Agency. You keep your documents and availability up to date in AlpinumHub.

Frequently asked questions about staff leasing for professionals

Who pays my salary in staff leasing?

The staffing provider pays your salary, not the company where you work. It is your employer and handles social security contributions; the company pays the provider a fee for the assignment. In Germany, the hirer is liable for social security contributions as a guarantor (§ 28e(2) SGB IV) if the provider fails to pay.

How long can I stay with one client?

Switzerland has no statutory maximum assignment duration; it depends on the contract and the need. In Germany, an assignment to the same hirer is limited to 18 consecutive months (§ 1(1b) AÜG); earlier assignments count if the gap is three months or less. A collective agreement in the client's sector may allow a different period.

Does the GAV Personalverleih apply to lawyers?

Only up to an annual salary of CHF 148,200 (2026). Anyone earning more is excluded from the declaration of general applicability, which affects many experienced legal counsel and compliance officers. The AVG still applies to them, for example on the written contract and notice periods, together with the employment law of the Code of Obligations.

Can I be admitted as a Syndikusrechtsanwalt while in staff leasing?

For assignments at law firms, Germany's Federal Court of Justice has said no. In agency work the provider is the employer; a lawyer leased to a law firm and acting externally cannot be admitted as a lawyer or as in-house counsel (Syndikusrechtsanwalt) (BGH, judgment of 20 March 2023, AnwZ (Brfg) 12/21). In-house counsel may only advise on their employer's legal matters (§ 46(5) BRAO). The court has not expressly ruled on corporate legal departments as hirers; clarify the question with your bar association before the assignment. More in From law firm to in-house.

Next step

If you are looking for a staff leasing assignment, create your profile and state the country, workload and practice areas.

Last updated: 30 October 2026.

You can find more interesting articles on this topic here:

A career in interim legal and compliance work

Staff leasing from the professional's perspective: employment, pay and social security