Germany

While there are generally four ways of employing people across borders, not all are legal or sensible. Here is an overview of each way to employ a worker in Germany, outlining the potential cons.

HQ country employment & payroll

While the person is in Germany, they are employed and payrolled directly by the company’s HQ entity.

Cons: This may appear attractive, but it generally isn’t legal in the long term. HQ payroll won’t be possible if the person is not a tax resident in the HQ country.

Independent contractor agreements

People are locally registered as sole traders or limited liability company owners in Germany and invoice for their work. There is no direct employment relationship.

Cons: In Germany, this is not a compliant or legal way to engage full-time workers who work solely for your company. There will be challenges in attracting and retaining talent.

Direct local employer setup

The company sets up as a fully-compliant local employer. This often involves setting up a local entity and local tax registration.

Cons: Expensive, time-consuming, and with high-level of complexity. Unknowns around how obligations and costs will evolve over time. There will be a need to stay on top of changes in regulations.

Partnering with an Employer of Record Germany

Employment is handled by a platform that specialises in employing people on behalf of customer companies. The Employer of Record, which in Germany is a temp agency holding an AUG Licence, helps to hire and pay employees.

Cons: For some countries, the ongoing costs may be higher than direct employment. Some education is needed to inform employees about how the employment relationship will work.

Setting up a local company in Germany is very time-consuming and complicated. That is further complicated by the monthly activities – payroll needs to be calculated and run every month, taxes filed, benefits extended, change of rules and regulations followed.

While many employers practice employing remote workers as independent contractors, it’s a bad practice. If an individual is giving their full and undivided attention to your company in Germany, treating them as an independent contractor is a likely breach of German employment laws and of those in your country.

Your company could be liable for fines for owed holiday pay, sick pay, social welfare payments, paternity benefits, maternity benefits, or other legal measures. Since the individuals you are working with do not receive the benefit of local employment laws and protections that are often afforded to people working full-time hours.

Read more on why hiring remote people as independent contractors is a bad idea.

When you hire employees in Germany, you have certain obligations as an employer. HR compliance is about ensuring your policies and procedures respect German law and all applicable regulations regarding employment and work practices. Complying with local employment law in Germany is fundamental for the correct running of your business – not only because these laws are in place to protect employees and guarantee their rights are safeguarded, but to minimise your risk of liabilities as an employer. Being compliant means respecting and following all local labour laws, sick leave and illness benefits, annual leave, minimum wage, tax credits, working hours regulations.

As with every other country, there are certain costs associated with employing a worker in Germany that come on top of the gross salary you are offering. In Germany those are contributions employers make to pension, health insurance, long-term care, and unemployment insurance. To view the exact percentages and amounts given the salary you are planning to offer, you can use our handy calculator tool.

In Germany, the model for employing a worker on behalf of another requires an AUG Licence. Employing someone through the AUG Licence temp agency means that Boundless is the legal employer of the individual, as far as the German government, tax, and employment authorities are concerned. We are responsible for:

• informing you about any pre-employment requirements
• ensuring their employment is compliant with German employment law
• informing you about the length of the maternity leave, paternity leave, public holidays, illness benefits, medical benefits
• providing a locally compliant employment contract
• processing local payroll
• filing employment-related tax returns
• issuing payslips to the employee
• distributing salary payments
• payments to the local tax authorities

Customers that work with an AUG Licence holder in Germany are responsible for:

• sourcing and recruiting workers in Germany (whether on their own or with support from a recruitment agency)
• managing the employee’s day-to-day work load
• contributing to the personal / professional development of the employee through their work
• following any guidance we give on employment and HR best practices or legal obligations in Germany, such as the employment contract, public holidays, annual leave, sick leave, maternity and paternity benefits, probationary periods, overtime pay, statutory redundancy payments, liability insurance and many others
• ensuring that payroll bills relating to their team are paid to Boundless before the cut-off point in each pay cycle

Boundless as the Employer of Record Germany (AUG Licence temp agency) files all pertinent taxes and social contributions as they relate to the compliant employment of an individual in their home country.

We carefully choose employment lawyers or advisories to partner with in each country we operate in, including Germany. They ensure the Germany employment contracts and any other relevant documents required for new employees comply with the local jurisdiction. We have thorough discussions on specific norms such as payroll services, social protection, data protection, notice period or work-from-home regulations. Whenever a potentially sensitive issue arises in Germany, our internal team contacts the relevant firm to ensure all steps are taken to resolve it promptly.

The company remains responsible and informs employees of the day-to-day management of the people and teams that are employed through Boundless, including any disciplinary or performance issues.

Boundless ensures compliance with Germany-specific procedures, practices and labour laws while employing people and teams on behalf of the company.

In Germany, both employers and employees have to pay taxes and social contributions. For employers these include pension, health insurance, long-term care, and unemployment insurance and for employees they include pension, health insurance, long-term care, unemployment insurance, and income tax. To get a clear overview with both employee and employer taxes, use our salary breakdown calculator.