Useful Information for posted workers
What is posting?
If your employer sends you to another EU Member State for a limited period of time, you are considered a posted worker. As such, the EU regulations regarding posted workers apply to you. You have an employment contract with your employer in your country of residence and you work for that employer in your home country. He sends you to Germany (or Saxony) to do a specific job on the basis of an agreement with a German company.
Which labour laws apply?
Minimum wage – Your employer in your home country is obliged to pay you the minimum wage set for workers in Germany. The statutory minimum wage and minimum wages set by collective bargaining agreements for specific industries are of interest to posted workers. The statutory minimum wage in 2020 is 9,35 € per hour (gross). Minimum wages set on the basis of collective bargaining agreements in certain industries are higher. (See the section on Useful information for workers – wages and salaries).
Maximum working hours – According to the law, you are not permitted to work more than 8 hours per day. Your daily hours may be extended to 10 as long as you do not exceed the daily average of 8 hours within a given six-month period. You are entitled to at least 30 minutes of break time on days on which you work between 6 and 9 hours, and 45 minutes on days on which you work more than 9 hours.
Minimum rest periods – At the end of your work day, you must be given at least 11 hours (or 10 hours in exceptional cases) of rest time before returning to work.
Minimum annual leave – You are entitled to at least 20 days of paid leave per year if you work 5 days a week, and at least 24 days per year if you work a 6-day week.
Maternity – Women are protected against dismissal during pregnancy. They may not work during the period from 6 weeks before to 8 weeks after the birth of a child.
Occupational safety – You employer is required to comply with regulations regarding your workplace in order to ensure that relevant standards of safety and hygiene are met.
Where am I insured?
You remain insured in your home country for up to 24 months. You must submit an A1 Form as evidence of coverage. It is up to your employer to apply to the local social security insurance office in your home country to have this form issued in your name. The A1 Form proves to the German authorities that you have been posted in accordance with the law. It must be shown whenever checks of your status are required. Your employment status remains in force in your home country with all rights and obligations. Your employer continues to pay social security and health-insurance contributions for you.
In the event that your posting extends beyond 24 months, your employer will be required to pay social security and health-insurance contributions for you in Germany beginning with the 25th month.