Die Privilegierung von Konzernen gemäß § 1 Abs. 3 Nr. 2 AÜG

The author examines the statutory privilege for group companies in the field of employee leasing (section 1, para. 3 number 2 of the German Employee Leasing Act). In principle, strict regulations apply to such leasing in Germany. However, the aforementioned provision largely exempts group companies from these regulations. The work aims at defining the scope of this highly disputed privilege. Initially, the author shows that the provision complies with both European law and German constitutional law. In addition, she describes the requirements and limits of the rather vague privilege. Therefore, the publication not only targets lawyers advising on employee leasing matters, but also representatives of group legal and personnel departments dealing with questions of intragroup and cross-border employee deployment in their daily business. The author has been practicing as attorney since 2011 and has mainly focused on employment-related matters, including employee leasing.