In what situations do the rules on posted workers apply? - EURO

UEFA European Championship Final Tournament 2024, Legal Information

Content Type
UEFA Guidelines

Companies based outside Germany may temporarily post workers to Germany. When doing so, they must comply with several requirements and apply certain provisions of German legislation with regard to posted workers - particularly in terms of pay, working time and working conditions.

The rules on the temporary posting of workers to Germany are set out in the German Posted Workers Act (Arbeitnehmer-Entsendegesetzes - AEntG), Minimum Wage Act (Mindestlohngesetz - MiLoG), and Act on the Provision of Temporary Workers (AÜG), which transpose the relevant provisions of Directives 96/71/EC, 2014/67/EU and 2018/957/EU.

These rules apply when an employer based outside Germany gives an employee a specific assignment to carry out in Germany for a limited duration of time, with the intention that the employee will resume work in their home company once their assignment in Germany has been completed.

Specifically, the rules on the transnational posting of workers apply to employers based outside Germany who have work to be completed in Germany in one of the following contexts:

  • Provision of services: the execution of contracts for the provision of services in Germany, provided that they are requested by the employer (outside Germany);

  • Intra-company or intra-group mobility: the provision of services in a workplace of the employer, or of another company in the same corporate group as the employer, located in Germany;

  • Provision of employees for temporary work: the posting of employees by a temporary employment agency usually set up abroad to a company established or operating in Germany.

Postings are, by definition, temporary but their duration may vary depending on the nature of the work. The employer must continue to pay workers posted to Germany throughout their posting.

Posted workers continue to report to their employer outside Germany.

Employers based outside Germany must be properly established abroad and must conduct significant, steady and continuous business in their home country to be able to post workers to Germany. If the employer conducts regular, stable and ongoing business in Germany, it must set itself up in Germany and manage its employees in accordance with standard German employment legislation.