Employer of Record (EOR) in Germany

The Employer of Record (EOR) in Germany is responsible for:

• Ensuring compliance with German labor laws.
• Managing local payroll processing.
• Filing employment-related taxes and managing relevant documentation.
• Issuing payslips to employees.
• Disbursing salary payments.

Simplify your global expansion with our Global PEO services, offering a hassle-free solution without the need to establish a local entity. Our Employer of Record (EOR) in Germany guarantees compliance, legal presence, and protection of Intellectual Property (IP), enabling your business to focus on its core operations. Ensure smooth global mobility and work visa processes while building a diverse and efficient international workforce. Partner with Mercans, your trusted Employer of Record in Europe, for a seamless and compliant employment experience for your global team.

Things you need to know before hiring in Germany

Employment Contracts in Germany (Arbeitsverträge)

As an employer in Germany, it’s essential to provide a well-structured employment contract (Arbeitsvertrag) before a new employee begins their role. This contract serves as a formal agreement outlining the details of the job and the terms of employment, ensuring clarity and mutual understanding between both parties regarding job responsibilities and conditions.

Key Elements of a German Employment Contract

When drafting an employment contract in Germany, it typically includes several crucial components, such as:

• Job Description and Duties: Clearly outline the roles and responsibilities expected from the employee.
• Duration of the Contract: Specify whether the contract is permanent or fixed-term.
• Probationary Period (if applicable): Indicate the length of the probation period and the terms related to it.
• Working Hours and Conditions: Detail the expected working hours, including any flexible arrangements.
• Salary and Bonuses: State the salary structure and any additional bonuses or incentives.
• Benefits: Outline any benefits provided, such as company cars, mobile phones, or health insurance.
• Vacation Entitlement: Specify the number of vacation days and any relevant policies.
• Pension Schemes: Include information about pension plans or retirement benefits.
• Conditions for Termination: Clearly define the grounds for termination and the required notice period.
• Collective Agreements (if relevant): Mention any applicable collective bargaining agreements.
• Work Location and Travel Requirements: State where the employee will be based and any travel obligations.

It’s crucial for employers to review all these elements carefully to prevent misunderstandings and ensure compliance with German labor laws.

Reviewing and Signing the Contract

After extending an offer, you will provide the new employee with an Arbeitsvertrag that outlines their employment conditions. It’s important to allow the employee time to review the contract thoroughly before signing. Encourage them to ask questions or discuss any terms they may wish to negotiate. Open communication can lead to a better understanding and a stronger employer-employee relationship.

Given the complexities of employment law in Germany, it may also be beneficial to consult with legal experts to ensure all terms are compliant and clearly articulated.

Types of Employment Contracts in Germany

In Germany, there are various types of employment contracts based on the nature of the job:

• Permanent Employment Contract (Unbefristeter Arbeitsvertrag): This is the most common type of contract, valid indefinitely. It usually includes a six-month probation period, after which termination must follow specific legal procedures.
• Fixed-Term Employment Contract (Befristeter Arbeitsvertrag): This contract is valid for a defined period and may be renewed up to three times, with a maximum total duration of two years.
• Agency Employment Contract: In this scenario, the employee is hired through a recruitment agency (Personaldienstleister) but works for another company. The agency manages salary and employment conditions, and such contracts can last up to 18 months.
• Mini-Jobs and Midi-Jobs: Mini-jobs allow employees to earn up to 538 euros per month without paying income tax or social security contributions. Midi-jobs apply to earnings between 538 and 2,000 euros, with lower tax and social security rates.

Freelancer Contracts

When engaging freelancers in Germany, employers typically enter into two types of contracts:

• Contract for Services (Dienstvertrag): This agreement specifies the services to be provided over a defined period, detailing duties, payment, and terms of termination.
• Contract for Work (Werkvertrag): This contract focuses on delivering a specific work or project in exchange for a one-time fee.

Working Hours in Germany

In Germany, the standard workweek generally consists of five days, from Monday to Friday. Full-time employees typically work between 36 and 40 hours per week. Standard working hours are commonly from 9:00 am to 5:00 pm or 8:00 am to 4:00 pm, though this can vary depending on the company and industry. Many employers also offer flexible working arrangements or “flexitime,” allowing employees to choose their start and finish times within a designated time frame.

Probation Period in Germany

When starting a new job in Germany, it is common to have a probation period of up to six months. However, some employers may opt for shorter probation periods or may not have one at all. During this time, the employer can terminate the employment with a notice period of just two weeks, without needing to provide a reason. For many, the probation period can be a stressful time, as job security is not guaranteed.

For apprentices (Azubis), the probation period is shorter, ranging from one to four months. During this time, there is no notice period, meaning the employer can end the contract immediately without prior warning.

13th Month Salary

In Germany, it is common for employees to receive a 13th month salary as a bonus, often referred to as “Christmas money” (Weihnachtsgeld). This extra month’s pay is usually given at the end of the calendar year, although it is less common in certain industries, such as technology.

Termination, Severance Pay, and Notice Period in Germany

• Termination: In Germany, due to strict protection against dismissal, employment relationships are often ended by mutual agreement between the employer and employee, through a termination agreement. This can be concluded at any time, with or without a severance payment. The protections against unfair dismissal do not apply in these cases. Even employees with special protection from dismissal can agree to such an arrangement without needing approval from authorities. Employers frequently offer severance payments as an incentive for employees to agree to a mutual termination.
• Severance Payments: While German employment law does not automatically grant severance payments in the event of termination, settlements involving severance payments are common in cases of dismissal disputes. In over 85% of such cases, severance is offered as part of a settlement. Typically, the severance amount is calculated as half of the employee’s gross monthly salary for each year of service, though the final amount can vary based on the specific circumstances and likelihood of success in a legal claim.
• Notice Period: German law establishes minimum notice periods for ordinary dismissals. After the probationary period, both employees and employers are required to provide a notice period of at least four weeks, effective either from the 15th or the end of a calendar month (Section 622 BGB). For employers, this notice period increases with the employee’s length of service.

Employment contracts may specify longer notice periods, while collective bargaining agreements may set different terms, either extending or shortening the notice period in favor of employees.

Overtime Pay in Germany

Germany does not have a specific law mandating overtime pay for employees, but regulations do require employers to track and maintain records of any overtime hours worked. The rate for overtime pay is typically between 1.5 to 2 times the regular hourly wage, though the exact rate depends on the employee’s pay structure and what is outlined in their employment contract.

Employees vs. Independent Contractors in Germany

In Germany, the distinction between employees and independent contractors is crucial for legal, tax, and social security purposes. However, it is not defined by one specific law but rather assessed through various criteria developed by labor and administrative courts, as well as social security authorities. Below is a comparison of employees and independent contractors in Germany, highlighting key differences in legal status, benefits, tax treatment, and termination protection.

Legal Framework

The primary distinction lies in the degree of control and dependency:

• Employees: Are bound by the instructions of their employer concerning working hours, tasks, and workplace. They are integrated into the company’s operations and are economically and personally dependent on the employer.
• Independent Contractors: Operate with a higher degree of autonomy, deciding on how, when, and where they perform their work. They are not economically dependent on a single principal and generally work for multiple clients.

Social Security and Tax Implications

The tax treatment and social security obligations differ significantly between employees and independent contractors.

• Employees: Must contribute to Germany’s statutory social security system, including health insurance, pension, unemployment insurance, and long-term care. Both the employer and employee share these costs.
• Independent Contractors: Do not participate in the social security system by default. They are responsible for their own private health and pension schemes. However, independent contractors who mainly work for one client may be required to contribute to the state pension system.

Benefits Entitlement

Employees are entitled to several statutory benefits such as paid leave, sick leave, and other allowances. Independent contractors, on the other hand, are not legally entitled to these benefits and must arrange their own provisions

Termination and Protection

Employees in Germany enjoy robust protection from termination under the German Act on Protection Against Unfair Dismissal (KSchG), which applies after six months of employment in companies with more than ten employees. Independent contractors, on the other hand, can generally be terminated with notice according to their contract.

Other Key Considerations

• Economic Risk: Independent contractors bear the economic risk of non-performance or poor performance. Employees, on the other hand, are guaranteed a regular income and social protections.
• Liability: Employees have limited liability for normal negligence, while independent contractors are fully liable for their work performance.

Social Security in Germany

Germany has a well-established social security system, funded by contributions from both employees and employers. These contributions cover various aspects such as pension, unemployment, health, long-term care, and work accident insurance. The system is based on income ceilings, meaning contributions are capped for income above certain thresholds. Below is an overview of the key contributions and their applicable rates.

Social Security Contributions Overview (as of January 2022)

Key Points:

• Pension Insurance: Both the employer and employee contribute equally, up to the income ceiling of EUR 84,600 (EUR 81,000 in new federal states).
• Unemployment Insurance: Similarly, both employer and employee share this cost equally, with a contribution of 1.2% each.
• Health Insurance: The total rate is 14.6%, split equally between the employer and employee. Contributions are capped at an income of EUR 58,050.
• Long-Term Care Insurance: Employees without children above age 23 pay a higher rate (3.4% instead of 3.05%), but both employer and employee share this cost, with employees paying slightly more if childless.
• Work Accident Insurance: Fully borne by the employer, this contribution depends on the sector and level of risk. There is no specific income ceiling for this contribution.
• Insolvency Contribution: This small contribution (0.09%) is only paid by the employer to protect workers in case of insolvency, capped at EUR 84,600 (EUR 81,000 in new federal states).

Exemptions:

• Self-Employed Individuals: In general, self-employed individuals are not required to pay into the mandatory social security system. They can, however, voluntarily opt into certain social insurance schemes or secure private insurance.
• Private Health Insurance: Individuals can apply for private health and long-term care insurance if they meet specific conditions, such as earning above a certain income threshold.

The German social security system ensures comprehensive coverage for employees, while contributions are shared between employers and employees to fund health, pension, and other essential social benefits.

Payroll in Germany

Managing payroll in Germany involves understanding its complex regulatory framework. With robust labor laws, intricate tax regulations, and specific social security obligations, employers may find it challenging to comply with local requirements.

This section highlights key components of payroll management, including tax deductions, social security contributions, and the impact of collective agreements. By familiarizing themselves with these essential elements, employers can ensure compliance, enhance payroll efficiency, and foster trust with their employees, ultimately contributing to organizational success.

Government Requirements

Registration Requirements

• Registration for Wage Tax: Employers must register their employees with the tax authorities to ensure the proper withholding of wage taxes.
• Registration as an Employer for Social Security Insurance: Employers are required to register with the social security authority to manage contributions for their employees.
• Registration as an Employer for Statutory Accident Insurance: Registration is mandatory for employers to provide statutory accident insurance, protecting employees from workplace accidents.

Ongoing Compliance Requirements

• Filing and Payment Obligations: Employers must adhere to regular filing and payment schedules for taxes and social security contributions to avoid penalties.
• Tax Calculation: Employers are responsible for accurately calculating wage taxes based on current laws and employee income.
• Social Security Requirements: Employers must comply with regulations governing social security contributions and employee entitlements.

Social Security Insurance Rates and Obligations

• Employer-Borne Compulsory Social Security Contributions: Employers must contribute a defined percentage of employee wages toward social security, including health insurance, pension insurance, and unemployment insurance.

Employment Obligations

• Minimum Pay: Employers must pay at least the legally mandated minimum wage to all employees.
• Vacation Entitlement: Employees are entitled to a minimum number of vacation days, which employers must honor.
• Holiday: Employers must provide paid holidays according to legal regulations and company policies.
• Employment Contract: A written employment contract is required, outlining the terms of employment, including roles, responsibilities, and compensation.
• Works Council: If applicable, employers must cooperate with the works council in matters affecting employees’ rights and working conditions.
• Data Security: Employers are obligated to protect employee data in compliance with data protection regulations.
• Health and the Value of the Worker’s Work: Employers must ensure a safe working environment and promote health initiatives that recognize the value of employees’ contributions.
• Rehabilitation Management After Long Sickness: Employers must implement procedures to support employees returning to work after extended illness.

Payroll Requirements

• Payment: Timely payment of wages is mandatory, with clear records maintained for all transactions.
• Voluntary Company Pension Schemes: Employers may offer additional pension schemes beyond statutory requirements, providing further retirement benefits to employees.
• Year-End Certificates: Employers must issue year-end tax certificates to employees detailing their earnings and tax withholdings for the year.
• Electronic Payroll Tax Deduction Characteristics (“ELStAM”): Employers must utilize the electronic system for managing employee tax deductions, ensuring accurate and efficient processing.
• Electronic Data Exchange (“eAU”) as of 2023: Employers are required to use electronic data exchange for reporting employee sickness to social security authorities.
• Electronic Certificates of Employment with the BEA Procedure: Employers must provide electronic certificates of employment following the required procedures.
• euBP – Electronically Supported Tax Audit: Employers should prepare for electronically supported tax audits, ensuring all relevant documentation is readily available.

Banking Requirements

• What is to be Filed When, with Which Authority and How?: Employers must be familiar with all filing requirements related to taxes, social security, and employment regulations, including deadlines, the relevant authorities, and the appropriate filing methods.

Personal Income Tax in Germany

All individuals who are residents of Germany are subject to taxation on their global income. In contrast, non-residents are taxed only on income sourced from Germany, typically through withholding for investment and employment income.

Categories of Taxable Income

Taxable income encompasses earnings from the following categories:

• Agriculture and forestry
• Trade or business
• Independent professions
• Employment
• Capital investments
• Rental income and royalties
• Other income (as specified by tax law)

Calculation of Net Income

Net income is calculated based on total gross earnings received during the calendar year, minus any income-related expenses incurred in the same period for each of the above categories. Losses incurred in any of the primary income categories (excluding capital investment) can be fully offset against positive income from other categories, though there may be exceptions for “other income.”

Taxable Income

Taxable income is defined as the total income after deductions in each category. This can be further decreased by lump-sum deductions or, within certain limits, by actual expenses incurred for special purposes as defined by tax law.

Personal Income Tax Rates

Germany employs a progressive tax rate system, which for the 2024 tax year is as follows:

*Note: The geometric progression of tax rates starts at 14% and escalates to 42%.

Employee Benefits in Germany

In Germany, statutory employee benefits mandated by the government encompass retirement pensions, unemployment insurance, healthcare, long-term nursing care, and workers’ compensation. Employers often enhance these offerings with supplementary benefits, particularly in competitive industries. Common supplemental benefits may include retirement plans, life insurance, and disability coverage. Additionally, perks such as company cars, job bikes, transportation allowances, childcare support, gym memberships, and meal vouchers are frequently offered.

Mandatory Employee Benefits

Retirement Benefits

In Germany, planning for retirement is increasingly vital as state pension systems face challenges. Employers are required to make minimum contributions to the statutory pension scheme, which operates on a pay-as-you-go basis, meaning current worker contributions fund current retirees rather than creating individual savings accounts.

The average pension for individuals with 45 years of contributions hovers around €1,692 monthly. While early retirement can start at 63, it incurs a monthly reduction of 0.3%. Recent reforms have also made pension income subject to taxation, implemented gradually to ease the transition for retirees. Although the theoretical maximum gross pension can reach approximately €3,100, this figure is seldom achieved.

Unemployment Coverage

Unemployment insurance in Germany is automatically available to most workers, excluding mini-job holders and certain government employees, who have alternative coverage. Benefits are available from day one of involuntary unemployment, with a 12-week wait for voluntary resignations, provided the individual has worked at least 12 months in the last two and a half years.

Typically, the benefit amount is 60% of the claimant’s net earnings over the previous year, increasing to 67% for those with children. Benefit duration varies based on work history and age, ranging from six to 24 months, after which monthly payments drop to around €502 and may include child allowances, all of which are tax-exempt.

Healthcare Insurance

Health insurance is mandatory for anyone working or residing in Germany. The vast majority of the population is covered by public health insurance, which offers comprehensive medical services, including both inpatient and outpatient care, as well as prescription coverage. Contributions are shared equally between employers and employees, deducted directly from payroll.

For individuals earning above €5,775 per month (as of 2024), private health insurance becomes an option. However, these plans must be arranged individually rather than through employers and typically require separate premiums for dependents.

Long-Term Care Coverage

All members of the public health insurance system must have long-term care insurance, while private insurance holders must secure their own coverage. This insurance provides financial assistance for both home care and long-term institutional care, depending on the individual’s care requirements, and these benefits are tax-exempt.

Workers’ Compensation

Every employer with employees in Germany must register for Social Accident Insurance, covering all work-related accidents and illnesses, including those that occur during business travel or commuting. Self-employed individuals and freelancers do not qualify for this coverage. Statutory accident insurance also extends to employees injured while traveling for work, but companies should verify coverage terms with their insurance providers, especially for lengthy trips.

Supplementary Benefits Overview

Designing employee benefits in Germany requires careful attention to strict employment laws that mandate equal treatment across the workforce. Employment contracts should be drafted with legal expertise to ensure compliance. Understanding employee demographics and preferences is crucial for successfully implementing benefits that resonate with staff.

Profion specializes in creating tailored benefit plans that meet organizational needs and industry benchmarks, particularly in competitive job markets. While some benefits can be provided tax-free, others may incur tax liabilities, emphasizing the importance of consulting with a tax advisor for compliance and optimization.

Retirement and Pension Schemes

Retirement plans typically operate on defined contribution or hybrid models, with contribution rates ranging from 2% to 10% of pensionable salary. Employers often implement matching contribution schemes, with payout structures varying between annuities and lump sums, typically disbursed at age 67. Contributions to these plans are tax-deductible.

Since 2018, the legal vesting period has been reduced from five to three years, with immediate or contractual vesting often available after one or two years of participation. Both full-time and part-time employees may enroll, typically after a brief waiting period.

Life and Disability Insurance

Life insurance benefits usually provide a payout equivalent to twice the pensionable salary or a set lump sum. These benefits are taxable upon disbursement, with premiums deductible. Many occupational plans also include long-term disability (LTD) coverage, typically paid as an annuity, which continues until the employee recovers or reaches retirement age.

Accidental Death and Dismemberment (AD&D) insurance is another common offering, providing coverage for unforeseen accidents. Premiums for this insurance are also fully tax-deductible.

Health and Wellness Initiatives

Mandatory health insurance covers a broad range of services, including dental care. However, some employers may allocate budgets for enhanced dental benefits or other health-related perks. Employers are responsible for providing computer glasses for employees who work extensively on screens, emphasizing the importance of preventive care.

As employee well-being becomes a priority, many organizations are introducing new health initiatives focusing on mental, financial, and physical wellness. Employers can allocate tax-free funds for health promotion activities and provide support for employees navigating their digital work environments.

Vacation and Leave Policies

German employers typically offer 30 days of vacation, significantly exceeding the legal minimum of 20 days. The importance of work-life balance is increasingly recognized, leading to greater acceptance of flexible work arrangements, including special leave policies and remote work options.

Work Permit in Germany

Germany stands as a symbol of economic strength and opportunity, attracting professionals from across the globe, particularly those from developing nations. As the fourth-largest economy worldwide, it boasts a range of multinational corporations and abundant career prospects. The Germany Employment Visa acts as a crucial gateway for qualified foreign workers, generally valid for up to two years with options for extension and pathways to long-term residency, such as the EU Blue Card.

Types of Long-Stay Visas for Employment

If you’re considering employment in Germany, various categories of Long-Stay Visas are available:

• Employment Visa: For individuals who have secured a job offer in Germany.
• Self-Employment Visa: For those aiming to start a business or work as freelancers.
• Freelancer Visa: Tailored for freelance professionals.
• Jobseeker Visa: For individuals who want to search for job opportunities while living in Germany.
• Au Pair Visa: For young adults wishing to experience German culture while working.
• Working Holiday Visa: Available to young people from countries with agreements with Germany, allowing them to work while traveling.

Visa Requirements by Nationality

Citizens from several countries can enter Germany without a visa for work and can apply for a residence permit upon arrival. This list includes:

• EEA/EU Member States
• United States
• Australia
• Canada
• Israel
• Japan
• New Zealand
• Switzerland
• South Korea

However, those who wish to start work immediately must apply for a work permit prior to their arrival. It’s essential to verify visa requirements with the nearest German embassy or consulate, as local authorities may have specific regulations.

Individuals from other countries, particularly those in the developing world, must obtain a visa for work purposes before arriving in Germany.

Eligibility Criteria for the Employment Visa

Foreign nationals are eligible for the German Employment Visa if they meet the criteria outlined in the Residence Act. The primary categories include:

• Highly Qualified Professionals: Researchers and distinguished teaching or scientific personnel.
• Intra-Corporate Transferees: Managers and specialists moving within their companies.
• Skilled Workers: Third-country nationals with recognized vocational qualifications or university degrees can apply if they:
  • Have a job offer in a field with a skills shortage in Germany.
  • Possess qualifications recognized as equivalent to German standards.

Application Process for a German Work Visa

The application for a German Work Visa involves several critical steps:

• Obtain a Job Offer: Secure an employment offer from a German company.
• Check Visa Requirements: Assess if you require a visa for long-term stays.
• Identify Application Submission Point: Locate where to submit your visa application (embassy, consulate, or application center).
• Gather Required Documents: Compile necessary documentation based on the provided guidelines.
• Schedule a Visa Interview: Book an appointment for your visa interview.
• Pay the Visa Fee: The application fee for a German Employment Visa is €75.
• Attend the Interview: Present your application and supporting documents during the interview.
• Await Decision: Wait for the visa application response.

Essential Documents for the Employment Visa Application

To successfully apply for a German Employment Visa, the following documents are typically required:

• Completed Application Forms: Two signed forms.
• Passport Photographs: Two recent photos adhering to specifications.
• Valid National Passport: Must remain valid for your entire stay.
• Proof of Residence: Documents like a driver’s license or utility bill.
• Health Insurance: A compulsory health insurance certificate from your employer or travel insurance covering the interim period.
• Employment Contract: A binding job offer detailing your salary and job description.
• Federal Employment Agency Approval: If required.
• Curriculum Vitae: An updated CV reflecting your qualifications and work history.
• Proof of Qualifications: Educational diplomas and certificates validating your qualifications.
• Personal Cover Letter: A letter stating the purpose and duration of your stay.
• Criminal Record Check: Evidence of a clean criminal record.
• Proof of Visa Fee Payment: Documentation indicating the fee has been paid.
• Declaration of Accuracy: A statement confirming the accuracy of the information provided.

Application Submission Locations

Apply for your German Employment Visa at the appropriate German representative body in your country, which could include:

• The German Embassy
• A German Consulate
• A Visa Application Center
• A neighboring country’s German diplomatic office, if none exist in your country
• An embassy or consulate of another country in your residence that handles German visa services

Processing Time for the Work Visa

The processing time for a German work visa generally ranges from 1 to 3 months. The specific duration may vary depending on application volumes at the embassy and individual circumstances.

Arriving in Germany on a Work Visa

Upon receiving your German Work Visa, you can travel to Germany. However, you’ll need to complete several steps to obtain a residence permit:

• Visit the Foreigner’s Office: Find the nearest office; some require appointments, while others allow walk-ins.
• Attend an Interview: Present required documents during the interview, including:
  • Valid national passport
  • Application form for the residence permit
  • Two passport photos
  • Criminal record check
  • Proof of German language proficiency (if applicable)
  • Health insurance confirmation
  • Job offer proof

The duration of your residence permit will align with your employment contract, enabling extensions as long as your employment continues.

EOR Solutions in Germany

• EOR for Prospective Employees: Mercans provides streamlined Employer of Record (EOR) solutions for businesses that have identified their ideal candidates in Germany. Our services cover every stage of the employee lifecycle, ensuring full compliance with German labor laws and regulations.
• EOR + Recruitment: For organizations seeking support in talent acquisition, our integrated EOR and recruitment services offer a comprehensive solution. Leveraging our extensive network and industry expertise, we assist you in finding, onboarding, and retaining top talent, facilitating a smooth entry into the German market.
• Visa Sponsorship and Global Mobility: Navigating the complexities of expatriate employment becomes straightforward with our visa sponsorship and global mobility services. We ensure the smooth relocation of your international workforce while adhering to German immigration and employment laws.
• AOR for Contractor Payments: For businesses managing contractor payments, our Assistance on Record (AOR) services can be invaluable. We take care of the complexities involved in contractor payments, ensuring accuracy and compliance every step of the way.
• Converting Freelancers to Employees: Mercans facilitates the transition from independent contractors to permanent employees in Germany. Our expertise guarantees a seamless conversion process while ensuring adherence to legal requirements.
• HCM Integration: Seamlessly integrate Mercans’ EOR services with your HCM system in Germany for real-time data exchange, improved compliance, and enhanced cost efficiency. Rely on our expertise for a cohesive, compliant, and effective approach that elevates your workforce management and payroll operations.