- no location -
Select your location for location specific information:
Posting of employees to Germany; registration and other obligations
When posting employees to Germany, the Posted Workers Act must be observed.
Online services
Online services
-
Meldeportal-Mindestlohn - Anmeldungen von Arbeitnehmer/innen online
Employers or hirers are to transmit the registrations of their employees posted or leased to Germany online via the reporting portal minimum wage of the customs administration. A one-time registration is required to create a user account.
-
Straßenverkehr – Entsendemeldung
Road transport operators can use the Road Posting Portal to submit posting declarations for the Member State(s) to which their drivers are posted and documents to the authorities of the Member States to which their drivers have been posted, if requested by those authorities.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
The Posted Workers Act applies to employers in all sectors insofar as working conditions are regulated by law. However, if the working conditions are regulated in collective agreements, employers based abroad are only obliged to comply with German collective agreement standards if these are also mandatory for all corresponding German employers (through a declaration of general applicability or an ordinance). In the care sector (geriatric care and outpatient nursing), employers can be obliged by statutory order to comply with the working conditions proposed by a commission.
If employers based abroad employ workers in Germany for longer than twelve months (so-called long-term posting), the employer is obliged to comply with further regulations in addition to the working conditions to be observed for all employment. All legal and administrative regulations and all generally binding collective agreements then apply. The additional regulations must be observed from the day on which the employee has been employed in Germany for more than twelve months. The period from which the additional regulations for long-term employment in Germany apply can be extended to eighteen months. To do so, the employer must submit a notification to the customs authorities in accordance with Section 13b (2) of the Posted Workers Act (AEntG). Further information can be found on the website of the customs authorities responsible for monitoring the Posted Workers Act.
In addition, there is a binding minimum wage in the temporary employment sector that applies equally to temporary employment agencies based in Germany and to temporary employment agencies based abroad that provide temporary workers for work in Germany.
Special features with regard to the applicable working conditions must be observed for drivers employed in Germany by employers based abroad; the Minimum Wage Act may apply here.
Furthermore, various obligations must be observed in order to monitor compliance with the prescribed working conditions:
Registration and insurance
Employers based abroad who post or loan employees to Germany to perform work or services must observe various rules regarding the registration of their employees. Further information on registration can be found on the website of the customs authorities responsible for monitoring the Posted Workers Act.
Keeping records of working hours
Employers based in Germany and abroad as well as hirers to whom a lender makes a temporary worker available for work may also be obliged to record the start, end and duration of the employee's daily working hours by the end of the seventh calendar day following the day on which the work was performed at the latest.
Further information on keeping records of working hours can be found on the website of the customs authorities responsible for monitoring the Posted Workers Act.
Provision of documents
Employers based in Germany and employers based abroad must keep the documents required for checking compliance with the working conditions under the AEntG and the AÜG available in Germany and in German. This includes, for example, the employment contract, time sheets, payslips and proof of wage payments made. If employers wish to invoke flexible working hours, further documents must be kept available in Germany in addition to the usual verification documents.
Further information on the provision of documents can be found on the website of the customs authorities responsible for monitoring the Posted Workers Act.
Legal bases
Related links
Status: 13.01.2025
Editorial responsibility Bayerisches Staatsministerium für Familie, Arbeit und Soziales
Contains machine translated content.
Show the original content