← Blog18 February 20226 min readEditorial teamDEUAENRU

For workers

Working in Germany through an EU company: which documents you need

Many people work in Germany even though their employer is based in Poland, Lithuania or another EU country. This is called posting (Entsendung). For the job to be legal and trouble-free at the border or on site, your papers must be in order. Here is the overview – for EU citizens and for citizens of other countries.

How posting works

You have an employment contract with a company in an EU country. That company sends you to Germany for a limited time to work on an order. You remain employed by your employer and insured in its home country.

While you work in Germany, German minimum standards still apply. They include the statutory minimum wage: since 1 January 2022 it is €9.82 gross per hour, rising to €10.45 on 1 July 2022. Working hours, breaks and holidays must also meet at least German rules.

Documents for EU citizens

EU citizens do not need a work permit for Germany. Take with you:

  • passport or ID card – valid for the whole assignment;
  • employment contract with your employer, ideally with a copy in German or English;
  • A1 certificate – it shows you are insured in your home country. Your employer applies for it;
  • European Health Insurance Card (EHIC) – so you can get medical treatment in Germany.

Documents for non-EU citizens

If you come from a country outside the EU, for example Ukraine, Moldova or Uzbekistan, you additionally need:

  • a valid residence permit in the EU country where your employer is based;
  • the right to work there and regular employment with your employer;
  • in many cases a visa for Germany, the so-called Vander Elst visa. It is applied for at the German embassy in your employer’s country before the assignment starts.

Whether you need the visa depends on your residence permit and the length of the assignment. Clarify this with your employer before you travel. Without the right papers you may not work in Germany.

What your employer must arrange

  • Register you with German customs (Zoll) before work starts.
  • Apply for your A1 certificate.
  • Keep your contract, payslips and time records ready for inspections in Germany.
  • Pay you at least the German minimum wage for your time in Germany.

Checklist before you travel

  • copies of all documents, also as photos on your phone;
  • a bank card you can pay with and withdraw cash in Germany;
  • the address of your accommodation and your foreman’s phone number;
  • proof under the current coronavirus rules: workplaces currently apply 3G – vaccinated, recovered or tested.

How to spot dubious offers

Be careful if someone offers you work without a written contract, asks for a placement fee or wants to keep your passport “for safekeeping”. A reputable employer gives you a contract in a language you understand and answers your questions before you leave.

FAQ

Do EU citizens need a work permit for Germany?

No. EU citizens may work in Germany without a permit. For a posting you do need the A1 certificate from your employer.

What is the A1 certificate?

A social security form from your employer’s country. It shows you are insured there and do not pay contributions in Germany.

Which wage applies during a posting?

At least the German minimum wage – €9.82 gross per hour since 1 January 2022.

What is a Vander Elst visa?

A visa for non-EU citizens employed by an EU company and posted to Germany for an order. Whether you need it depends on your residence permit.

Planning work with posted teams?
We advise businesses on contracts for work and posting.
Looking for work in Germany? Questions about documents? Message us on Telegram.Telegram @dlp_r

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