NACE 78.2 – Temporary Employment Agency Activities | Public Tenders

Definition: NACE 78.2 covers temporary employment agency activities, in which personnel service providers supply workers to user companies. The workers are employed by the agency and are deployed on a temporary basis in the operations of the user.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 78.2 cover?

NACE 78.2 (Temporary employment agency activities) classifies companies engaged in the commercial supply of workers — one of the most significant segments of public-sector service procurement.

Group 78.2 within Section N (administrative services) and Division 78 (employment activities) comprises the following classes:

Public contracting authorities in this segment include federal authorities, regional administrations, municipalities, hospitals in public ownership, and public undertakings and public-law institutions.

Public Tenders: NACE 78.2 in Practice

Temporary work and short-term staffing are among the regularly tendered services in the public sector — public contracting authorities use temporary work in particular to cover peak workloads, cover for absences and temporary additional demand.

Typical types of contract

• Administrative staff: Case workers, office staff and registry staff for authorities and offices
• Technical staff: Tradespeople, drivers and building services technicians for municipal operations
• Care staff: Care assistants for publicly owned hospitals, nursing homes and social facilities
• Security staff: Site and works security for public-authority properties
• Seasonal staff: Additional staff for trade fairs, events and censuses
• Framework agreements: Multi-lot tenders by occupational group or geographic area

Thresholds and procedure types

Personnel services fall under the EU services threshold (EUR 221,000 for central contracting authorities, EUR 443,000 for sectors, as of 2024/2025). Larger framework agreements regularly exceed this threshold. The open procedure and framework agreements under § 21 VgV or § 33 SektVO are preferred.

Relevant CPV Codes for NACE 78.2

For tender searches, the CPV codes (Common Procurement Vocabulary) are decisive — they are mandatory in every EU-wide contract notice on TED.

Current tenders are published on TED (Tenders Electronic Daily) and on national procurement platforms such as DTVP, evergabe.de or the Austrian procurement portal.

Who is NACE 78.2 relevant to in procurement law?

Public Contracting Authorities

For public contracting authorities, the distinction between temporary work (NACE 78.2) and service contracts using the provider's own staff is important: genuine agency work is a service contract under procurement law that must be tendered above the thresholds. The Temporary Employment Act (AÜG) in Germany and the Austrian Temporary Employment Act (AÜG) also set regulatory parameters for procurement.

Companies and Bidders

Personnel service providers participating in public tenders typically need to demonstrate:

• Temporary employment authorisation: Valid official authorisation under § 1 AÜG (Germany) or §§ 4 ff. AÜG (Austria)
• Collective bargaining compliance: Compliance with minimum wages and any applicable collective agreements (iGZ-DGB collective agreement)
• References: Evidence of comparable agency work services for public contracting authorities
• Economic capacity: Turnover evidence, insurance cover (in particular operating liability)

NACE 78.2 in Context: Section N and Division 78

NACE 78.2 is part of Division 78 (employment activities) within Section N (administrative services).

• NACE N – Administrative services: Parent section
• NACE 78 – Employment activities: Division
• NACE 78.1 – Activities of employment placement agencies: Permanent recruitment
• NACE 78.3 – Other human resources provision: Specialised labour supply

Frequently Asked Questions on NACE 78.2 and Public Tenders

From what contract value must temporary work be tendered? Above the EU services threshold (EUR 221,000 for central federal contracting authorities), EU-wide tendering on TED is mandatory. Below this value, national procurement rules apply.

Can a public contracting authority enter into a temporary work contract directly? No — as soon as the estimated total contract value exceeds the relevant thresholds, a formal tender is required. Framework agreements facilitate recurring call-offs.

Does the statutory minimum wage apply to temporary work for public authorities? Yes. The statutory minimum wage as well as industry-specific minimum wages in the temporary work sector (sector premiums) apply without restriction. Public contracting authorities are obliged to monitor compliance with collective bargaining.

Last updated: January 2026 All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.