Germany
Posting Employees to Germany– When Does the Posted Workers Directive Apply?
When sending employees to Germany, registration under the Posted Workers Directive (PWD) is required in certain cases.
Germany enforces this registration to ensure that foreign workers receive the same working conditions as German employees. This includes requirements regarding wages, working hours, holidays, occupational health and safety, and overtime.
When is PWD registration necessary?
Before sending employees to Germany, you should consider the following:
Do you comply with German labor standards?
Is your company registered in Germany?
What sector does the work fall under (e.g. construction, transport, services)?
How long and where in Germany will the employee be working?
To ensure your employees are working in accordance with German regulations
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Preparing for Registration to Germany
Before starting the registration process for employees temporarily working in Germany, it is important to gather and prepare a number of key details and documents. These are required to ensure correct reporting and compliance with German posting regulations.
The following information must be available in advance:
- Activity period
Exact start and end dates for the work to be performed in Germany. - Responsible document holder
Full name, address, date of birth, and company name of the person who will physically hold the required documentation throughout the posting period in Germany. - German contact person
A local contact person in Germany who can be reached by authorities if needed. This person must be available throughout the duration of the work. - Etc…
Mandatory Documents
As part of the requirements under the Posted Workers Directive in Germany, specific documents must be available for inspection by the relevant authorities—both during the posting and for up to two years after it has ended.
It is the employer’s responsibility to ensure that these documents are properly stored and can be presented upon request.
The required documentation includes:
- Employment contracts
A copy of the full, written employment contract for each posted worker. - Payslips
Documentation of wage payments throughout the entire posting period. - A1/E101 certificates
Valid A1 or E101 forms must be available for employees from EU or EEA countries to confirm continued coverage under the Danish social security system during the posting. - Etc. (e.g., timesheets, proof of wage payments, etc.)