Context

A prospect or client raises the topic that Remote or another competitor advises there's no AÜG 18 month rule in Germany with their solution or that they may be using a “consulting model”. 

Talk Track

VERSION 1: SHORT (Quick Call Response)

Pillars: Compliance, Transparency

Thanks for raising this. In Germany, AÜG rules are strict, and the 18-month limit absolutely applies. Some service providers claim to work around it with consulting setups, but if the relationship looks like staff leasing, the client can still be treated as the real employer. That can mean back payments, penalties and legal exposure. At WorkMotion, we stick to the licensed, fully compliant model so you stay protected from day one.

VERSION 2: MEDIUM (Standard Conversation)

Pillars: Compliance, Trust, Transparency

I understand why questions come up around AÜG, especially when some service providers suggest that the 18-month rule does not apply or that a consulting model avoids it. The reality is that German regulators look at how the work is performed, not what the arrangement is called. If it resembles staff leasing, the client risks being viewed as the actual employer. That can lead to audits, back payments for tax and social security, and avoidable legal issues.

WorkMotion does not rely on workarounds. We operate with the correct licence and follow AÜG requirements exactly as they are written. This keeps your setup clean, compliant and defensible. You get a fully transparent model that protects your business and your talent.

VERSION 3: LONG (Full Narrative)

Pillars: Compliance, Trust, Transparency

Thank you for raising this. AÜG compliance in Germany can be confusing, especially when some service providers suggest that the 18-month limit does not apply or that a consulting arrangement solves the problem. It is understandable that these claims sound attractive at first, but they do not reflect how German authorities enforce the law.

German regulators assess the substance of the arrangement. If a setup operates like staff leasing, the client can be considered the real employer. That reclassification carries serious implications, including retroactive tax and social security payments, penalties and potential legal exposure for both the organisation and the talent involved. These are consequences that no business wants to face.

WorkMotion takes a different approach. We hold the required licence and follow AÜG rules exactly as intended. There are no grey areas and no structures that might fall apart under regulatory scrutiny. From the first day of employment, your talent is hired through a compliant setup that meets German legal expectations. You get full transparency on contracts, documentation and obligations, so you always know you are on the right side of the law.

This commitment to compliance is one of the reasons clients trust us. You gain a partner that removes uncertainty, protects your business from costly mistakes and provides a reliable foundation for your hiring plans in Germany.

Additional resources

To support your line of argumentation with information from an independent resource, you can share this article published by the law firm Taylor Wessing with the prospect.