Posting of workers to Germany

Important legal regulations on the posting of workers to Germany entered into force on 30 July 2020. The German Posting of Workers Act (AEntG) was amended by the Bundestag. As a result of the Bundestag passing the amendment of the German Posting of Workers Act (AEntG) - the German-Polish Chamber of Industry and Commerce AHK Polen organised a Webinar on the introduced changes to the implemented Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.

For the law firm GRAU Rechtsanwälte PartGmbB, Adriana Grau participated in the conference and lectured in the expert panel on the topic of “New legal regulations on the posting of workers in Germany – amendments to the Posted Workers Act”.

One of the most important changes for entrepreneurs posting workers to Germany is the replacement of the obligation to pay the statutory minimum wage by the introduction of an obligation to ensure that workers’ remuneration must comply with the national standards applicable in Germany, including those arising from collective agreements, national laws and administrative regulations. So what is considered to be a wage component? The answer to this question varies and depends on the region where the work is done, allowances, supplements and fringe benefits, as well as the professional experience and training of the employee. Everything that an employee is entitled to claim from his or her employer in return for the work performed, in cash or in kind, is a component of remuneration.

Another amendment requires the employer to reimburse the employee for expenses incurred in relation to travel, accommodation and meals. It should be noted that these costs are not part of the remuneration.

Special protection has been established for workers in cases of “long-term posting” of more than 12 months (18 months in the case of a justified declaration to the customs office). These workers are subject to all terms and conditions of employment laid down by law, regulation and administrative provisions, including collective agreements in force at the place of employment.

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