Secondment

What is a Posting?

You are a posted worker if your employer sends you to work in another EU country (e.g. Germany) for a limited period of time.

What Rights Do I Have?

You are subject to the labour law of your home country. However, some provisions of German labour law also apply - if these are better for you than the provisions of your home country.

These include: 

• Minimum Wage
  In Germany, there is currently a statutory minimum wage of €12.82 gross per hour (as of January 2025). This is regularly increased.
  In certain sectors, you are entitled to binding, higher sector minimum wages. You can find out more about wages here.
• Maximum Working Hours
  By law, you are not allowed to work more than 8 hours a day. 10 hours are only permitted if you do not work more than 8 hours per day on average over a six-month period.
• Breaks
  You are entitled to breaks:
  • 30 minutes if you work more than 6 hours.
  • 45 minutes if the working day lasts at least 9 hours.
• Minimum Rest Time
  You must have a break of at least 11 hours after finishing work before you are allowed to return to work.
• Paid Leave 
  You are entitled to paid vacation:
  • At least 20 days per year if you work 5 days per week.
  • At least 24 days per year if you work 6 days per week.
• Maternity Protection
  You are protected from dismissal during pregnancy. You are not allowed to work in the period from 6 weeks before to 8 weeks after childbirth.

Accommodation:

According to the regulatory authority, accommodation costs (for housing or rooms) must be covered by the employer.
Employers often deduct the rent from your salary - this is not allowed!

Where Am I Insured?

• You remain covered under your home country's social insurance for up to 24 months.
• The employer must apply for an A1 Certificate before the posting. This document proves you are insured in your home country.
• Tip: Ask your employer if you are properly registered!

Additionally

• You will need a European Health Insurance Card (EHIC), which you will receive from your health insurer in your home country.

• You can also apply for a German insurance card. To do this, you will need the S1 form from your home country. 

  ➔ This ensures you receive full healthcare coverage in Germany.

Seek Advice If You Are a Posted Worker and:

• You were hired and recruited for the job only after arriving in Germany.
• You do not have a written employment contract or a secondment contract with specific conditions (e.g. name and address of the employer, place of assignment, duration of assignment, working hours, remuneration).
• You do not have a valid A1 certificate.
• Your company is not active in your home country (e.g. letterbox company).
• You have been working in Germany for more than 24 months without paying social security contributions.
• You receive your work instructions from employees of the German company.
• If you are not an EU citizen and
  • You have a temporary residence permit in the EU, but not a Vander-Elst visa.
  • You have a permanent residence permit in the EU but do not have a Vander-Elst visa and work in Germany for more than 90 days per year.

Tip: If the posting is not legally compliant, you may be entitled to additional rights.