Summary of technical information
Adequate and equal minimum conditions apply for all employees, whether they are employed domestically or posted
across borders. Such minimum requirememts for employment are laid down in the Posted Wokers act
(Arbeitnehmer-Entsendegesetz; AEntG) and the Temporary
Employment Act (Arbeitnehmerüberlassungsgesetz; AÜG).
An overview of the working conditions to be observed here:
Working conditions by collective bargaining agreements and regulations
Minimum Rates o Pay
The rules on minimum pay are an essential part of the provisions laid down in the Posted Workers Act.
In addition, the Temporary Employment Act provides that a minimum hourly remuneration shall be paid both
for the times of assignment and the times without an assignment.
The substantial conditions of employment guaranteed under Art. 5 AEntG include overtime
supplements to be paid in accordance with the generally applicable collective agreements.
Length of holidays
All employees regularly employed domestically and all employees posted to Germany are
entitled to annual holidays.
Additional vacation allowance
Employees in a number of sectors are entitled to an extra holiday allowance to be paid
in addition to their regular holiday pay.
All employees, whether regularly employed in Germany, or posted to Germany, are entitled to
Holiday pay fund procedure
The construction industry is at present the only sector applying a holiday pay fund procedure
that complies with the AEntG provisions.
Notification of posted workers
Under certain conditions foreign-domiciled employers and
hirers-out must give notification prior to the provision of any labour or service.
Other requirements on employers
In the case of an inspection, working time records and certain other records must be
submitted to auditors combating illicit employment.
Employees' obligations in the case of inspections
If you are an employee and subject to a customs inspection, you are compelled by law to
allow such inspection to be conducted and to cooperate fully.
A contractor shall be liable where his subcontractor or that subcontractor's subcontractor(s) fail to ensure the
minimum standards that are in force pursuant to the Posted Workers Act.
Employee's right to take legal action
An employee has the right to take legal action to ensure compliance with working conditions.
General conditions of employment
Both foreign and domestic employees are entitled to adequate working conditions.
Consequences of non-compliance
Infringements of the Posted Workers Act and Temporary Employment Act are punishable offences and subject to administrative fines.