Which legal regulations apply to the posting of employees abroad?
March 6, 2023 | 60,00 EUR | answered by Otto Schäfer
Dear lawyer,
My name is Lina Zellerbach and I work for an international company that regularly sends employees abroad. However, recently I have heard that there are some legal regulations that need to be considered when sending employees abroad.
I am currently unsure if we are complying with all legal requirements and if we might encounter legal problems. That's why I am reaching out to you to get more information about the legal regulations that apply to the secondment of employees abroad.
My concern is that we might be in violation of laws and that this could lead to legal consequences for our company. Therefore, I would like to ask for your advice and support to ensure that we comply with all legal requirements and avoid legal issues.
Could you please explain to me in detail which legal regulations apply to the secondment of employees abroad and what steps we as a company need to take to ensure that we act in compliance with the law? Are there specific documents we need to provide or certain procedures we need to follow?
Thank you in advance for your support and I look forward to hearing from you.
Best regards,
Lina Zellerbach
Dear Mrs. Zellerbach,
Thank you for your interest and inquiry regarding the legal regulations for the posting of employees abroad. As a lawyer specializing in International Law, I would be happy to assist you and explain the relevant laws and regulations that your company must comply with.
It is important to know that the posting of employees abroad is subject to legal regulations to ensure that both the employees and the company are protected. One of the most important regulations in this regard is the so-called Posting of Workers Act. This law governs the working conditions of posted employees abroad and stipulates, among other things, that German working conditions must be maintained.
Furthermore, companies must ensure that all relevant tax and social security regulations are complied with. This includes, for example, correctly applying for A1 certificates for social security or complying with tax regulations in the host country.
As a company, you should also ensure that all posted employees are informed about their rights and obligations. This includes information about working hours, remuneration, holiday entitlement, health insurance, and other relevant topics. It is therefore advisable to conclude appropriate posting contracts that regulate all relevant points.
To ensure compliance with all legal requirements, I recommend that you seek advice from specialized lawyers or consultants in international labor law. They can provide comprehensive advice and help you take the necessary steps to avoid legal problems.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me.
Best regards,
Otto Schäfer
