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Customs online > Posting of workers > Summary of technical information

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.
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Overtime premiums

The substantial conditions of employment guaranteed under Art. 5 AEntG include overtime supplements to be paid in accordance with the generally applicable collective agreements.
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Length of holidays

All employees regularly employed domestically and all employees posted to Germany are entitled to annual holidays.
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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.
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Holiday pay

All employees, whether regularly employed in Germany, or posted to Germany, are entitled to holiday pay.
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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.
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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.
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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.
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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.
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Contractor's liability

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.
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Employee's right to take legal action

An employee has the right to take legal action to ensure compliance with working conditions.
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General conditions of employment

Both foreign and domestic employees are entitled to adequate working conditions.
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Consequences of non-compliance

Infringements of the Posted Workers Act and Temporary Employment Act are punishable offences and subject to administrative fines.
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