Germany

Employer of Record (EOR) in Germany

Only 399 EUR per employee per month

Rivermate's Employer of Record (EOR) solution helps companies hire remote employees in Germany . We take care of global payroll, taxes, benefits, compliance and HR activities. So you can focus on growing your business. Our Employer of Record (EOR) solution is beneficial to companies that want to hire remote employees in a breeze. On this page you will find employment information for Germany.

Employer of Record people
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Currency
Euro
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Capital
Berlin
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Region
Europe
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Language
German
Hire remote employees
Population
83783942
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GDP
$3.693 trillion
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GDP growth
0.0222
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Ease of doing business
79.7
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World GDP share
0.0456

1. Grow your team in Germany with Rivermate as your Employer of Record (EOR) / PEO

Payroll, benefits, taxes, and compliance can be difficult to manage in Germany , particularly if you don't have established local relationships. You can hire employees in Germany effectively, conveniently, and in full compliance with all relevant labor laws using Rivermate's global Employer of Record (EOR) solution. We handle the responsibilities and legal risks associated with foreign employment so you can concentrate on growing your company.

2. Summary

Germany, formally the Federal Republic of Germany, is a Central European nation. It is Europe's second most populated nation, behind Russia, and the European Union's most populous member state. Germany is located between the Baltic and North Seas to the north and the Alps to the south; it has a land area of 357,022 square kilometers (137,847 square miles) and a population of more than 83 million people divided among its 16 component states. Germany is bordered to the north by Denmark, to the east by Poland and the Czech Republic, to the south by Austria and Switzerland, and to the west by France, Luxembourg, Belgium, and the Netherlands. The nation's capital and biggest city is Berlin, and its financial center is Frankfurt; the Ruhr is the largest metropolitan region.

Since ancient antiquity, many Germanic tribes have occupied the northern areas of contemporary Germany. Before the year 100, there existed an area known as Germania. German regions were an important element of the Holy Roman Empire in the 10th century. Northern German territories were the Protestant Reformation's epicenter throughout the 16th century. The German Confederation was created in 1815, after the Napoleonic Wars and the breakup of the Holy Roman Empire in 1806. Germany became a nation-state in 1871 when the majority of German states merged to form the Prussian-dominated German Empire. The Empire was superseded by the semi-presidential Weimar Republic after World War I and the German Revolution of 1918–1919.

The Nazi takeover of power in 1933 resulted in a totalitarian government, World War II, and the Holocaust. Following the conclusion of World War II in Europe and a period of Allied occupation, Germany was split into the Federal Republic of Germany, often referred to as West Germany, and the German Democratic Republic commonly referred to as East Germany. The German Democratic Republic was a communist Eastern Bloc state and Warsaw Pact member, whereas the Federal Republic of Germany was a founding member of the European Economic Community and the European Union. Following the collapse of communism, the former East German states joined the Federal Republic of Germany on 3 October 1990, becoming a federal parliamentary republic.

Germany is a major power with a robust economy; it is Europe's biggest economy, the world's fourth-largest economy by nominal GDP, and the fifth-largest by PPP. It is the world's third-largest exporter and importer of products, as well as a worldwide leader in various industrial, scientific, and technical fields. As a developed nation with a high Human Development Index score, it provides social security and a universal health care system, as well as environmental safeguards and tuition-free university education. Germany is a member of the United Nations, NATO, the Group of Seven, the Group of Twenty, and the Organization for Economic Cooperation and Development. It is home to the third-most UNESCO World Heritage Sites.

Hiring talented employees in a short span is not an easy task. Partnering with an Employer of Record (EOR) like Rivermate in Germany is your best option, giving your organization enough time to focus on other aspects of international expansions like project management and inventory management. The EOR takes care of all the compliance and legal issues while helping you speed up hiring using their knowledge of domestic employment practices and virtual onboarding tools. Top EORs also have provisions for the e-signing of documents to enable faster onboarding.

3. Public holidays

4. Types of leave

There is no information about the types of leave for this country.

Paid time off

At least 20 working days are needed (with respect to a 5-day working week). The majority of employees have 25-30 days a year. In most cases, the person is required to use his or her sick days during the fiscal year. Vacation days may be rolled forward to March 31st of the next calendar year unless the contractor specifies otherwise. If an employee has any accrued sick days at the time of retirement, the company will pay the employee for those days.

Public holidays

The holidays in Germany vary by province. There are, however, nine national holidays observed by all nations.

Sick days

The first six weeks of sick leave are provided by the company and are paid at 100% of the normal wage. Any extra payments will be covered by the health insurer after 6 weeks (the amount will not be the full salary and will be determined according to personal criteria). When an employee takes sick leave, they must contact their boss and send a doctor's statement if the leave is more than three days.

Maternity leave

Mothers are entitled to 6 weeks of paid leave due to the birth of their child and 8 weeks of paid leave following the birth of their child. With the birth of a premature or multiple child, the employee is entitled to 12 weeks of paid leave.

The employer will have to pay the employee's wages after the maternity leave, and the health care provider will repay the employer in full.

Paternity leave

Parental leave encloses paternity leave.

Parental leave

Parental leave is 36 months long and should be shared equally with the parents. This leave includes the eight weeks of maternity leave (following delivery). When it comes to mothers, maternal leave begins after maternity leave ends. Parents will work part-time for up to 30 hours a week while on parental leave.

In the first three years of birth, at least 12 months of parental leave must be taken; the remaining 24 months will be taken before the infant hits the age of eight. Parental leave does not begin automatically; it must be demanded in writing or forwarded to the employer at least seven weeks ahead of time.

Other leave

5. Employment termination

There is no information about employment information for this country.

Termination process

After the first six months of employment, all employees are protected by the German Termination Protection Act. Employers must have a specific basis for dismissing an employee, and there are several types of reasons (connected to the employee's personal condition, to the employee's behavior, or to the employer's business).

A written notice of dismissal must be signed by the employer's authorized representative. In general, ending employment without the employee's consent is a complicated process in Germany, which is why many terminations occur through mutual agreement.

Notice period

The notice period shall be at least 4 weeks long, with the length of service increasing as follows. There will be a month's notice after at least two years of employment. A two-month notice period is given after two to five years of work. A three-month notice period is granted for employees who have worked for 5-8 years. There will be a four-month notice period after eight to ten years of employment. The notice period is 5 months for employees who have worked for 10-12 years. The notice period is 6 months for employees with 12-15 years of experience. Finally, there will be a 7-month notice period after 15-20 years of employment.

Probation period

The probation period is up to 6 months and is subject to mutual agreement between both parties.

Severance pay

Severance pay is not required if the termination is justified and adequate notice is given. However, if a position is terminated due to operational changes, severance pay must be provided. When severance is paid, it is calculated as half a month's pay for each year of employment.

6. Working hours

There is no information about the working hours for this country.

General working schedule

Although a six-day workweek is possible, the standard workweek is five days, eight hours per day. Employees are not permitted to work more than 48 hours per week. Daily hours may be increased to ten hours per day if the employee does not work more than 40 hours per week on average over a 24-week period.

Workers in industries that require continuous operation (e.g., hospitality, hospital services, and power generation) may be scheduled to work Sundays and holidays, but most other workers do not. Employees who work on a Sunday or holiday when they normally do not are typically compensated with a paid day off within two weeks.

Night work (between 11 p.m. and 6 a.m.) is typically compensated by a higher rate of pay or compensatory time off. A collective bargaining agreement or contract may specify how night work is compensated precisely.

Overtime

Overtime is typically compensated through paid time off or a higher hourly rate, but the specific rules for a particular employer are typically determined by contract or collective bargaining agreement. Frequently, board members and certain management level employees are not compensated for overtime.

7. Minimum wage

There is no information about the minimum wage for this country.

The minimum wage in Germany is currently at 9.60 EUR per hour. On January 1, 2022, the statutory minimum wage is set to increase to 9.82 euros. On July 1, 2022, the statutory minimum wage is set to increase to 10.45 euros.

8. Employee benefits

There is no information about the employee benefits for this country.

Pension insurance, health insurance, unemployment insurance, nursing care insurance, accident insurance, maternity insurance, and insolvency insurance are the seven components of the German Social Security System. Except for accident, maternity, and insolvency insurance, which are covered solely by the employer, contributions to those insurances are split equally between the employer and the employee. In total, the employer can expect to contribute approximately 20.7 percent of the employee's salary to social security.

Social security contributions, on the other hand, are only deducted up to a certain amount. In 2021, the maximum amount for statutory pension and unemployment insurance is 7,083 € (West) and 6,667 € (East) per month, and the maximum amount for statutory health insurance is 4,837 €.

Furthermore, employers frequently provide additional supplementary insurance benefits. Companies provide supplemental benefits based on collective bargaining agreements, corporate culture, and the nature of the professions.

9. Taxes

There is no information about the taxes for this country.

Corporate tax

Corporation tax is levied primarily on corporate businesses, namely public and private limited firms, as well as other corporations such as cooperatives, organizations, and foundations. Profits generated by sole proprietorships and partnerships are credited to their individual partners and taxed in the context of their personal income tax bills, rather than being subject to corporation tax.

Corporations headquartered or operated in Germany are presumed to be subject to full corporate taxation. This implies that all of their profits, whether domestic and international, are taxed in Germany. Charitable foundations, Church organizations, and sports clubs, for example, are free from company tax.

Germany's corporate tax rate is 15% as of January 1, 2008. Taking into account both the solidarity surcharge (5.5 percent of company tax) and trade tax (averaging 14 percent in 2008), corporate tax in Germany is slightly under 30 percent.

Individual income tax

In Germany, the income tax rate varies from 0 to 45 percent. The German income tax is progressive, which implies that the average tax rate (i.e., the tax-to-taxable-income ratio) rises monotonically as taxable income rises. Furthermore, the German tax system guarantees that an increase in taxable income will never result in a reduction in net income after taxes. The latter characteristic is owing to the fact that the marginal tax rate (the tax paid on one euro of extra taxable income) is always less than 100%.

Married couples filing jointly have their tax obligation evaluated on half of their entire income, and the result of applying the tax tariff is then multiplied by two. Because of the progressive tax system, this is always preferable than taxing each spouse individually. This splitting advantage grows in proportion to the income disparity between the two couples.

Another interesting aspect about the German income tax system is that it is based on an individual's or married couple's net income, which includes a deduction for the social security payments they make. In 2019, this amounts to about 19.7 percent of personal income. As a result, the marginal tax rates shown below only apply to +/- 80.3 percent of an individual's income up to 55,960 euros. This reduces the typical employee's income tax obligation by approximately 4%, but it is still feasible to pay an effective rate of almost 45 percent if your income is high enough. Finally, there is a tax refund that often amounts to about 1000 euros.

VAT, GST and sales tax

In general, the rate of value-added tax in Germany is 19 percent. A lower tax rate of 7% applies, for example, to the sale of certain goods, books and periodicals, and transportation.

Because of COVID-19, the government agreed to cut the rates to 16% (reduced: 5%) from 1 July 2020 to 31 December 2020.

Certain goods and services are exempted from value-added tax by law; this applies for German and foreign businesses alike.

For example, the following are exempted from German value-added tax:

export deliveries

intra-community supply of goods

services provided by certain professional groups (e.g. doctors)

financial services (e.g. granting loans)

letting real estate in the long-term

cultural services provided to the public (e.g. by public theatres, museums, zoos, etc.),

value-added by certain institutions providing general education or vocational training

services provided in an honorary or voluntary capacity.

10. VISA and work permits

There is no information about VISA and work permits for this country.

To work in Germany, a long-term (national) German visa type D is necessary, since it permits a foreigner to remain in the country for longer than three months. The German law changed in 2020 in terms of the applicant's necessary minimum level of abilities; this is now diploma level, in addition to being proficient in the usage of the German language.

An EU Blue Card, a Permanent Residence for Valuable Personnel, a Permission for Highly Qualified Specialists, a General Employment VISA, and a For Job Search VISA are the various sorts of Visas.

The EU Blue Card permits a worker to work in any European country. To be eligible for an EU Blue Card, the applicant must have graduated from a university, have an employment contract with the employing firm, and have a salary of less than 39,600 EUR (for IT professionals, mathematicians, and engineering representatives) or 50,800 EUR (for other applications).

The criterion of permanent residency for valued people applies to well-known scientists, researchers, and academics.

If you have the necessary abilities and a yearly income of 86,400 EUR, you may receive a work visa for highly trained experts in Germany.

The most popular form of German work permit is the General employment visa. There are no hard and fast rules about schooling and specialization. In addition, the occupation must be in high demand at the time the request is made. To apply for a visa, you must first validate your credentials and have a signed job contract.

The For job search visa is a work visa for future employment in Germany. If granted, a person may remain in the nation for six months before re-registering or obtaining a residence visa.

11. Employer Of Record service terms

There is no information about the Employer of Record (EoR) service terms for this country.

Employment contracts

Fixed-term contracts must be in writing. An indefinite employment contract may be oral or written, but the written form is strongly recommended. At minimum, a written contract should state:

The identities and addresses of the parties

The date the employee will begin work

The term of the contract if it is for a fixed term

The workplace, and a clause stating that the employee may be transferred or relocated if this is a possibility

A brief job description

The amount of the employee’s salary and any other components of the employee’s compensation, and the intervals at which the employee will be paid

The employee’s working hours

The amount of annual leave the employee is entitled to

Notice periods for the termination of the employment relationship

The length of the probation period if there will be one. Probation periods may not be longer than six months

What collective agreement, company agreement, or other agreement applies to the contract

If there is no written contract, the employer must disclose this information to the employee in writing within one month of the employee’s first day of work

With Rivermate being your Employer of Record (EoR) in Germany, you do not have to worry about the employment contracts, as we take care of that.

Minimum assignment length

In Germany, employment contracts are either indefinite or for a set period of time. Fixed-term contracts are generally limited to two years and may be extended or renewed up to two times, provided that the initial contracts, as well as subsequent extensions and renewals, do not exceed the two-year maximum. If there is a basis for a longer duration, the fixed-term contract might be for more than two years. Start-up enterprises, in instance, may engage staff on fixed-term contracts of up to four years without reason.

Payment currency

Euro (EUR)

13.Opening a subsidiary in Germany

There is no information about the working hours for this country.

How to set up a subsidiary

Completing all required registrations for Germany's tax and social security programs is part of the Germany subsidiary formation procedure. Before you can recruit workers and register them for health insurance, you must first apply for an employer number.

This information might take up to six weeks to be completely processed. You should open bank accounts in Germany during this period in case the government has to repay you. The major participants in the parent firm should also draft a resolution explaining the decision to form a subsidiary. Before being submitted with the German Commercial Register, all essential papers must be notarized.

Subsidiary laws

A subsidiary, according to German subsidiary legislation, is a limited liability business with its own share capital, management structure, and accounting system distinct from the parent company in the United States. You may, however, continue to perform all activities under the parent company's name.

It is critical to remain current on all subsidiary accounting regulations. Subsidiary rules in Germany require you to register with your local tax office online via the Federal German Fiscal Authority's Form Management System (FMS). The amount you owe will be determined by the tax office depending on the amount of profit you report on the registration documents. The next year, your tax returns are due on May 31.

13. Why choose Rivermate as your Employer of Record / PEO in Germany

Establishing an entity in Germany to hire a team takes time, money, and effort. The labor law in Germany has strong worker employment protection, requiring great attention to details and a thorough awareness of local best practices. Rivermate makes expanding into Germany simple and effortless. We can assist you with hiring your preferred talent, managing HR and payroll, and ensuring compliance with local legislation without the hassle of establishing a foreign branch office or subsidiary. Our PEO and Global Employer of Record (EOR) solutions in Germany give you peace of mind so you can focus on running your business. Please contact us if you'd like to learn more about how Rivermate can help you hire employees in Germany via our Employer of Record (EOR) / PEO solution.

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