Author: scott

  • The best cities in Germany to hire in

    Cross-border 9 min read

    The best cities in Germany to hire in

    Germany’s talent is spread across several strong hubs, each with its own character. Here is where the people are, what each city is known for, and how to hire in any of them.

    The hubs at a glance

    Where German talent concentrates and what each offers

    The main hiring hubs and their strengths
    Berlin
    Startup capital
    Germany’s biggest startup and tech-talent hub, and relatively affordable.
    Munich
    Engineering and tech
    Major corporates and deep engineering talent, at a higher cost of living.
    Frankfurt
    Finance centre
    Banking, the European Central Bank and a highly international workforce.
    Anywhere
    With an EOR
    We employ your hire in any German city on one entity.

    Unlike some countries where talent clusters in a single capital, Germany spreads its strengths across several cities. Where you hire depends on the skills you need and the cost you can carry. This guide runs through the main hubs and what each is good for, then how to employ in any of them.

    City 1

    Berlin

    Berlin is Germany’s startup capital and its most international city for work. It has the deepest pool of tech and creative talent in the country, a strong English-speaking scene, and a cost of living that is still lower than Munich, though it has been rising fast.

    For a company hiring engineers, product people or early commercial staff, Berlin is usually the first place to look. The talent is used to working in international teams, which makes it an easy entry point for a US or UK employer.

    City 2

    Munich

    Munich, München, is the engineering and technology heavyweight. It is home to major corporates and a dense network of engineering, automotive and deep-tech talent, backed by strong universities. If you need serious technical or industrial expertise, Munich is where a lot of it sits.

    The trade-off is cost. Munich has the highest cost of living in Germany, and salaries reflect it. For the right roles the talent justifies the premium, but it is a more expensive place to build a team than Berlin.

    City 3

    Frankfurt

    Frankfurt is Germany’s financial centre and one of the most international cities in the country. It is home to the European Central Bank, the German stock exchange and a large banking and professional-services sector, so it is the natural place to hire finance, legal and compliance talent.

    Frankfurt is compact and well connected, with the busiest airport in Germany, which makes it convenient for a business that needs people travelling across Europe. For finance-heavy roles it is hard to beat.

    City 4

    Hamburg

    Hamburg is Germany’s second-largest city and its media, logistics and trade hub, built around one of Europe’s biggest ports. It has strong talent in marketing, media, e-commerce and logistics, and a high quality of life that helps with retention.

    For companies in consumer, media or trade sectors, Hamburg offers a talent pool that Berlin and Munich do not fully cover, in a city that people tend to want to stay in.

    Section 5

    Beyond the big hubs

    The four big hubs are not the whole picture. Several other German cities have real strengths worth knowing when you hire.

    • Cologne, Köln, for media, insurance and a large talent base
    • Stuttgart for automotive and industrial engineering
    • Düsseldorf for fashion, trade and professional services
    • Leipzig as a fast-growing, more affordable eastern hub

    Because talent is this spread out, the practical question is less which city and more how to employ a great candidate wherever they happen to be. That is where an employer of record helps.

    Q&A

    Frequently asked

    QWhich German city is best for tech talent?
    ABerlin has the deepest tech and startup talent pool and a strong English-speaking scene, which makes it the usual first choice. Munich is the other major tech hub, stronger in engineering and deep tech, but with a higher cost of living.
    QWhere should a finance company hire?
    AFrankfurt. It is Germany’s financial centre, home to the European Central Bank, the stock exchange and a large banking sector, so it has the deepest pool of finance, legal and compliance talent in the country.
    QIs Berlin cheaper than Munich?
    AYes, though the gap has narrowed. Berlin still has a lower cost of living and lower typical salaries than Munich, which has the highest cost of living in Germany. Berlin often gives better value for early hires.
    QDo I have to pick one city?
    ANo. German talent is spread across many cities, and the better question is how to employ the right candidate wherever they are. With an employer of record you can hire in any German city on a single entity.
    QHow do I hire in a German city without an office there?
    AYou do not need a local office or entity. As an employer of record we employ the person on our German entity wherever they live in Germany, and handle the contract, payroll and social security for them.
    READY TO HIRE IN GERMANY? START HERE

    Hire the best talent in Germany, whatever the city

    Whether your ideal candidate is in Berlin, Munich or a smaller hub, we can employ them compliantly on our German entity, so location is never the thing that blocks a great hire.

  • AÜG vs EOR: the licence behind a compliant employer of record in Germany

    Legal 9 min read

    AÜG vs EOR: the licence behind a compliant employer of record in Germany

    Placing an employee with a client company in Germany is only lawful under a specific licence. Here is what Arbeitnehmerüberlassung is, why the licence matters, and how it underpins an EOR.

    The legal basis in numbers

    What Arbeitnehmerüberlassung is and why the licence matters

    The permission that sits behind a compliant EOR in Germany
    AÜG
    The legal basis
    Arbeitnehmerüberlassung is the German law governing placing employees with a client.
    Licence
    Required to place staff
    A provider needs an Erlaubnis from the Bundesagentur für Arbeit to do it lawfully.
    We hold it
    Our own licence
    Our German entity holds its own AÜG licence, so your hire rests on a lawful basis.
    Not all do
    A provider check
    Not every EOR operating in Germany holds one. It is fair to ask to see it.

    When a provider employs a person and places them to work for your company in Germany, that arrangement is governed by a specific law, and it needs a licence. Understanding Arbeitnehmerüberlassung and the permission behind it explains why an employer of record can operate at all, and why the licence is a fair thing to ask any provider about.

    Section 1

    What Arbeitnehmerüberlassung is

    Arbeitnehmerüberlassung, often shortened to AÜG after the law that governs it, is the German legal framework for placing employees with another company to work under that company’s direction. The provider stays the legal employer, while the client directs the day to day work. That structure is exactly what sits underneath an employer of record.

    Because the arrangement puts one company’s employee to work for another, German law regulates it closely. It is not something a provider can do on a handshake. There is a defined legal basis, and a permission that has to be in place first.

    Section 2

    Why the licence matters

    To place its employees with client companies lawfully, a provider needs a licence, an Erlaubnis zur Arbeitnehmerüberlassung, granted by the Bundesagentur für Arbeit. It is not a formality. The authority checks that the provider is reliable and runs its employment and payroll properly before granting it.

    Working without the licence where it is required is a serious matter, and it can put the employment arrangements it was used for in question. So the licence is not just paperwork, it is the thing that makes the whole arrangement stand up.

    Section 3

    How an EOR uses it

    An employer of record in Germany operates on this framework. We employ your chosen hire on our German entity, and the licence is what lets us lawfully place that employee to work for your company under your direction. You get a compliant German employee, and the legal basis for the arrangement is already covered.

    This is the quiet reason an EOR works at all. It is not simply payroll outsourcing. It is a licensed employment relationship where we carry the legal side and you carry the working relationship, on a footing German law recognises.

    Section 4

    AÜG staffing vs the EOR model

    The same framework covers two different things, which is where confusion creeps in. Traditional staffing, Zeitarbeit, is where an agency recruits a pool of workers and supplies them to cover short-term needs, and the client takes whoever the agency sends. The relationship is temporary and the agency chooses the person.

    An employer of record uses the same legal basis for a different purpose. You choose the person you want to hire, and we employ them for you on an ongoing basis. The mechanism is shared, but the intent is the opposite of temporary cover: it is a lasting hire that you selected, employed compliantly on our entity.

    Section 5

    Choosing a licensed provider

    Because the licence is what makes the arrangement lawful, it is one of the most useful things to check when you compare providers. A serious EOR in Germany will either hold its own licence or be able to show you exactly whose licence the employment rests on.

    Our German entity holds its own AÜG licence from the Bundesagentur für Arbeit. That means your hire is employed and placed on a lawful, licensed basis by the same company you are dealing with, not through a chain of third parties you cannot see. If a provider cannot answer the licence question clearly, that tells you something.

    Q&A

    Frequently asked

    QWhat is Arbeitnehmerueberlassung?
    AIt is the German legal framework, known by the law AUEG, for placing an employee with another company to work under that company’s direction while the provider stays the legal employer. It is the structure that sits underneath an employer of record.
    QDoes an EOR need an AUEG licence?
    ATo place its employees with client companies lawfully in Germany, the provider needs an Erlaubnis zur Arbeitnehmerueberlassung from the Bundesagentur fuer Arbeit. It is the permission that makes the arrangement lawful, and not every provider holds one.
    QHow is an EOR different from a staffing agency?
    ABoth use the same legal basis, but for different purposes. A staffing agency recruits a pool and supplies temporary workers it chooses. An EOR employs the specific person you have chosen, on an ongoing basis, so the model is a lasting hire rather than short-term cover.
    QDoes Agility hold its own licence?
    AYes. Our German entity holds its own AUEG licence from the Bundesagentur fuer Arbeit, so your hire is employed and placed on a lawful, licensed basis by the same company you deal with, not through an unseen third party.
    QWhy should I ask a provider about the licence?
    ABecause it is what makes the employment lawful. A serious EOR either holds its own licence or can show you whose licence the employment rests on. A provider that cannot answer the question clearly is a warning sign.
    READY TO HIRE IN GERMANY? START HERE

    An employer of record on a licensed, lawful basis

    If you want your German hire employed on a footing that stands up, we hold our own AÜG licence and employ your chosen person on our entity. Ask us about it.

  • US vs German employment law: what changes when you hire in Germany

    Cross-border 10 min read

    US vs German employment law: what changes when you hire in Germany

    For a US employer, German employment law is a different world: no at-will, fixed working-time limits, generous statutory leave and strong protections. Here is a side-by-side on what changes.

    The differences in numbers

    Where German employment law parts company with the US

    The gaps a US employer feels first
    At-will
    The US default
    US employment is mostly at-will. Germany requires a valid reason and notice to dismiss.
    20+ days
    Paid leave in Germany
    A statutory minimum. US federal law sets no paid-leave floor.
    8 hours
    German daily limit
    The Arbeitszeitgesetz caps the working day. US federal law does not.
    6 weeks
    Employer sick pay
    Full salary in Germany. There is no US federal equivalent.

    US and German employment law start from opposite instincts. The US leans on flexibility and at-will employment, while Germany builds in security and process. For a US company hiring its first German employee, the gap shows up in almost every part of the relationship. This guide lines up the main differences.

    Section 1

    At-will vs just cause

    The starkest difference is at the end of the relationship. In most US states, employment is at-will, so either side can end it at any time, for almost any reason, with little notice. Germany has nothing like this. Once dismissal protection applies, an employer needs a valid reason, a personal, conduct or operational one, and has to give statutory notice that rises with service.

    An employee can challenge a dismissal in the labour court within three weeks, and if the employer cannot justify it, the exit can be overturned or settled with a payment. For a US employer used to at-will, this is the single biggest adjustment.

    Section 2

    Contracts and agreements

    US employment often runs on an offer letter and an at-will handbook. Germany expects a proper written contract, the Arbeitsvertrag, with the essential terms the Nachweisgesetz requires set out in writing, from pay and hours to leave and notice.

    On top of the individual contract, many German sectors are covered by a collective agreement, a Tarifvertrag, which can set minimum pay, hours and leave above the statutory floor. There is rarely an equivalent layer in the US, and a US employer has to check whether one binds a role before drafting the offer.

    Section 3

    Working time

    US federal law sets no ceiling on the working day and leans on overtime pay rather than hard limits. Germany regulates working time directly. The Arbeitszeitgesetz generally caps the working day at eight hours, with limited room to extend to ten if averaged down, requires rest breaks, and sets an eleven-hour rest between shifts. Sunday work is restricted.

    A court ruling has also made recording working time an employer duty, so hours have to be logged rather than assumed. A US pattern of long, untracked days does not fit within these rules, and a German hire has to be managed to them.

    Section 4

    Leave and protections

    The US sets no federal minimum for paid vacation or sick leave, leaving it to the employer. Germany builds both into law. Employees get at least twenty paid days of leave on a five-day week, with twenty-five to thirty common, and up to six weeks of full sick pay from the employer before the health insurer takes over.

    Parental protections are far stronger too, with Mutterschutz around birth and up to three years of Elternzeit. Add strong data-protection rights and, at larger sites, a works council with a real say, and the German employee sits inside a much thicker layer of protection than a US one.

    Section 5

    What it means for US employers

    None of this makes Germany a hard place to hire, but it does mean a US playbook applied unchanged will cause problems. The contract, the working-time management, the leave and the exit process all have to follow German law rather than US habit.

    This is where an employer of record earns its keep. We hold the German employment, apply German law to the contract, payroll, leave and any exit, and let you manage the person the way you would any team member, without having to become an expert in German labour law yourself.

    Q&A

    Frequently asked

    QIs employment at-will in Germany?
    ANo. Once dismissal protection applies, an employer needs a valid personal, conduct or operational reason to dismiss, and has to give statutory notice that rises with service. An employee can challenge a dismissal in the labour court within three weeks.
    QHow much paid leave do German employees get?
    AAt least twenty days on a five-day week as a statutory minimum, with twenty-five to thirty common in practice. US federal law sets no paid-leave minimum, so this is a real change for a US employer.
    QAre there limits on working hours in Germany?
    AYes. The Arbeitszeitgesetz generally caps the working day at eight hours, requires rest breaks and an eleven-hour rest between shifts, and restricts Sunday work. Employers also have to record working time.
    QWhat about sick pay?
    AGerman employers pay full salary for up to six weeks of illness, after which the health insurer pays a reduced benefit. There is no US federal equivalent, so a US employer has to budget for the six weeks as a real cost.
    QHow do US employers handle all this?
    AMany use an employer of record. We hold the German employment and apply German law to the contract, payroll, working time, leave and any exit, so a US company can manage the person day to day without mastering German labour law.
    READY TO HIRE IN GERMANY? START HERE

    Hire in Germany without learning German employment law

    If the gap between US and German rules feels daunting, we bridge it. As your employer of record we apply German law correctly so you can just manage your hire.

  • Works councils in Germany: what a Betriebsrat means for employers

    Legal 10 min read

    Works councils in Germany: what a Betriebsrat means for employers

    A German works council, the Betriebsrat, gives employees a real say in how a workplace is run. Here is what it is, when one can form, the rights it holds and what it means for you.

    Works councils in numbers

    What a Betriebsrat is and the say it carries

    The employee voice a German workplace can have
    5+
    Employees to form one
    A works council can be set up in a workplace with at least five permanent staff.
    Elected
    By the workforce
    A Betriebsrat is initiated and elected by employees, not created by the employer.
    Co-decides
    On key matters
    It holds real co-determination rights over working hours, overtime and social matters.
    Consulted
    Before dismissals
    The employer must hear the works council before a dismissal, or the dismissal is void.

    Employee representation is built into the German workplace in a way that surprises many foreign employers. The Betriebsrat, or works council, is an elected body that shares in decisions a US or UK employer would expect to make alone. It is not a union, and it is not automatic, but where it exists it carries real weight. This guide explains it.

    Section 1

    What a Betriebsrat is

    A Betriebsrat is a works council, an elected group of employees that represents the workforce to the employer at a particular workplace. It operates under the Betriebsverfassungsgesetz, the law on workplace co-determination, and it is separate from any trade union. Its job is to represent the staff of that business, not an industry.

    Where a works council exists, the employer cannot simply decide certain things on its own. The council has to be informed, consulted, or in some areas agree, before the employer acts. It is a standing partner in how the workplace is run.

    Section 2

    When one can be formed

    A works council is not automatic, and an employer does not create one. Employees have the right to set one up in any workplace that normally has at least five permanent staff, of whom a few must be eligible to stand. Whether they do is up to them.

    Many small workplaces never form a council, simply because the staff do not initiate one. As a business grows, the likelihood rises, and once employees start the process the employer cannot block it. Planning for the possibility is wiser than being surprised by it.

    Section 3

    The rights it holds

    A works council’s powers vary by the type of decision. On some matters it has genuine co-determination, meaning the employer needs its agreement. On others it has weaker information and consultation rights. Knowing which is which avoids missteps.

    Co-determination
    • Daily working hours and breaks
    • Overtime and short-time work
    • Holiday scheduling rules
    • Rules on conduct and monitoring at work
    Information and consultation
    • Being heard before any dismissal
    • Consultation on hiring and transfers
    • Information on the business and staffing plans
    • Consultation on major operational changes

    The dismissal point is the sharp one: an employer has to hear the works council before dismissing someone, and a dismissal made without that step is void.

    Section 4

    What it means for employers

    A works council is a duty to cooperate, not an obstacle. The employer has to work with it in good faith, share the information it is entitled to, and get its agreement where co-determination applies. The employer also bears the reasonable costs of the council doing its job, including time off for its members.

    Handled well, a works council can make change smoother, because agreement reached with it tends to stick. Handled badly, it can stall decisions and lead to disputes. For a foreign employer, the key is to respect the process rather than treat it as red tape.

    Section 5

    Works councils and your hire

    For a company making its first one or two hires in Germany, a works council is unlikely, because it takes a workforce to form one and staff have to initiate it. So a small foreign employer usually will not meet a Betriebsrat early on. It becomes relevant as the German team grows.

    As an employer of record, we help you understand where you stand and keep your employment practices compliant with co-determination rules as they start to apply. If your German presence grows to the point where a works council is on the horizon, we can help you prepare rather than be caught out.

    Q&A

    Frequently asked

    QWhat is a Betriebsrat?
    AA works council: an elected group of employees that represents the workforce to the employer at a workplace, under the Betriebsverfassungsgesetz. It is separate from a trade union and shares in certain decisions the employer would otherwise make alone.
    QWhen can employees form a works council?
    AIn any workplace that normally has at least five permanent employees, a few of whom are eligible to stand. It is initiated and elected by employees, not created by the employer, and many small workplaces never form one.
    QWhat can a works council decide?
    AOn some matters, such as working hours, overtime and workplace conduct rules, it has co-determination, so the employer needs its agreement. On others, such as dismissals, hiring and major changes, it has information and consultation rights.
    QDo I have to consult it before a dismissal?
    AYes, where a works council exists. The employer has to hear the works council before dismissing an employee, and a dismissal carried out without that step is void, regardless of whether the reason was otherwise valid.
    QWill my small German team have a works council?
    AProbably not at first. It takes a workforce to form one and employees have to initiate it, so a company making its first hires usually will not meet a Betriebsrat early. As an EOR we help you stay compliant and prepare as your team grows.
    READY TO HIRE IN GERMANY? START HERE

    Grow a German team with the rules on your side

    Works councils are one of many German employment features we help you navigate. As your employer of record we keep your practices compliant as your team grows.

  • Can a UK company hire an employee in Germany?

    Cross-border 9 min read

    Can a UK company hire an employee in Germany?

    Yes, and Brexit changed less than most UK employers fear. What it did not change is that you cannot run a German employee on UK payroll. Here are your options and the simplest route.

    The essentials in numbers

    Brexit did not close the door on hiring in Germany

    What a UK employer needs to know before hiring
    Yes
    You can still hire
    A UK company can employ in Germany after Brexit, through the right structure.
    Third country
    UK status now
    Brexit made the UK a third country, which affects moving staff, not hiring German residents.
    ~21%
    Employer on-costs
    German social contributions, run through German payroll, not UK PAYE.
    Days
    Via an EOR
    We employ your German hire on our own entity within days.

    UK companies hiring in Germany often start by worrying about Brexit, and then by assuming they can just add the person to their UK payroll. The first worry is mostly misplaced, and the second assumption does not work. This guide sorts out what has actually changed and how to employ a German hire properly.

    Section 1

    The short answer

    A UK company can absolutely hire an employee in Germany. What it cannot do is employ that person from the UK as if Germany did not have its own rules. A German-based employee has to be on a German contract, in the German social-security and tax system, which means employing through a German entity, either your own or an employer of record’s.

    So the question is never really whether you can hire in Germany. It is how you structure the employment so it is compliant.

    Section 2

    What Brexit changed

    Brexit made the UK a third country in the eyes of the EU, and that mainly matters for moving people across borders. A UK national relocating to Germany to take a job now needs the right visa or work permit, such as an EU Blue Card for a qualifying salary, where before they could move freely.

    What Brexit did not change is your ability to hire someone who already lives and has the right to work in Germany. For a German resident, the employment works the same as it would for any employer. The structure of the employment, not Brexit, is the thing to get right.

    Section 3

    Why UK payroll does not work

    The instinct to put a German hire on UK PAYE is understandable, but it does not comply with German law. A person working in Germany owes German income tax, Lohnsteuer, and belongs in the German social-security system, with contributions to German pension, health, care and unemployment insurance. UK PAYE and National Insurance do not satisfy any of that.

    Running a German employee off UK payroll also risks creating a permanent establishment for your UK company in Germany, which can pull your business into German corporate tax. The clean answer is a German employment, run through German payroll.

    Section 4

    Your three options

    There are three realistic ways for a UK company to employ someone in Germany, and they trade off speed, cost and control.

    • Form your own German entity, usually a GmbH, and run payroll yourself
    • Use an employer of record, who employs the person on their German entity
    • Engage the person as a contractor, which carries misclassification risk

    The contractor route is the one to be most careful with, because if the person works like an employee it can be challenged as Scheinselbstständigkeit, with back-dated contributions and penalties.

    Section 5

    Why an EOR usually wins

    For most UK companies making one or a few German hires, the employer of record route is the practical winner. Forming a GmbH takes weeks and carries ongoing cost, and the contractor route carries real risk. An EOR gives you a compliant German employee without either.

    We employ the person on our German entity, run German payroll and social security, and keep the employment compliant, while you manage the work. It is the fastest way to get a UK company’s German hire onto solid ground, and it keeps your UK business clear of German permanent establishment exposure.

    Q&A

    Frequently asked

    QCan a UK company still hire in Germany after Brexit?
    AYes. Brexit did not stop UK companies employing in Germany. It mainly affects moving UK nationals across borders. Hiring someone who already has the right to work in Germany works much as it did before, through a German entity or an employer of record.
    QCan I put a German employee on UK payroll?
    ANo. Someone working in Germany owes German income tax, Lohnsteuer, and belongs in the German social-security system. UK PAYE and National Insurance do not satisfy German law, and running it this way can also create a permanent establishment in Germany.
    QDoes a UK national need a visa to work in Germany?
    ASince Brexit, yes. A UK national relocating to Germany for a job needs the right permit, such as an EU Blue Card for a qualifying salary. This does not affect hiring a person who already lives and can work in Germany.
    QWhat are the risks of using a contractor?
    AIf the contractor works like an employee, the arrangement can be challenged as Scheinselbststaendigkeit, bogus self-employment. The consequences include back-dated social contributions for both employer and employee shares, plus penalties.
    QWhat is the quickest compliant option?
    AAn employer of record. We employ the person on our German entity within days, run German payroll and social security, and keep the employment compliant, so you avoid both the delay of forming a company and the risk of the contractor route.
    READY TO HIRE IN GERMANY? START HERE

    Employ your German hire without a German company

    If you are a UK company with someone to hire in Germany, we employ them compliantly on our entity in days, so you skip both the GmbH setup and the payroll headache.

  • A US company’s guide to hiring in Germany

    Cross-border 10 min read

    A US company’s guide to hiring in Germany

    Germany is the obvious first European hire for many US companies, but the employment rules are a world away from at-will. Here is why Germany makes sense and how to do it compliantly.

    The opportunity in numbers

    What makes Germany a natural first European hire

    Why US companies look to Germany, and what changes
    No. 1
    Economy in the EU
    Germany is the largest economy in Europe and a natural European base.
    ~21%
    Employer on-costs
    Social contributions on top of salary, well above US payroll taxes.
    Not at-will
    Employment
    German staff have notice periods and dismissal protection, unlike US at-will.
    Days
    To hire via an EOR
    No US entity can employ in Germany directly, but an EOR can start in days.

    For a US company taking its first step into Europe, Germany is often the obvious choice. It is the largest economy on the continent, central to the region, and full of the kind of talent US firms want. The catch is that German employment law works nothing like at-will, and a US contract dropped into Germany does not hold. This guide covers both sides.

    Section 1

    Why Germany for a first hire

    Germany is the largest economy in the European Union and sits at the centre of the continent, which makes it a natural base for a company expanding out of the US. A German hire gives you a foothold in the biggest single market in Europe and a person on the ground in a time zone that overlaps with the rest of the region.

    It is also a market where customers and partners take a local presence seriously. Having someone employed in Germany, on a German contract, signals commitment in a way that a remote contractor does not.

    Section 2

    The talent pool

    Germany has deep pools of talent in engineering, manufacturing, software and industrial sectors, backed by a strong apprenticeship and university system. For US companies in technical fields, it is one of the richest hiring markets in Europe.

    English is widely spoken in professional settings, so a US company can usually operate in English day to day, even though the employment paperwork itself has to follow German law. The mix of skilled people and workable language makes a first German hire less daunting than it sounds.

    Section 3

    What US employers must unlearn

    The biggest adjustment for a US company is that Germany has no employment-at-will. You cannot let someone go with two weeks’ notice and no reason. Notice periods are set by law and rise with service, dismissals need a valid reason once protection applies, and an employee can challenge a dismissal in the labour court.

    There are other differences to absorb. Employees are entitled to at least twenty days of paid leave, six weeks of full sick pay from the employer, and strong data-protection rights. Larger sites can have a works council, a Betriebsrat, with a real say in working conditions. None of this is a barrier, but a US playbook applied unchanged will cause problems.

    Section 4

    Cost and time zone

    On cost, budget for employer social contributions of roughly 21 percent on top of the salary, which is well above the US employer payroll-tax burden, though it funds far more of the employee’s healthcare and pension. Paid leave and sick pay are part of the package rather than optional benefits.

    The time zone works in your favour for European coverage. Germany is on central European time, several hours ahead of the US, which gives a working-day overlap with the afternoon on the US east coast and a head start on the European day.

    Section 5

    How to actually do it

    A US company cannot simply put someone on its US payroll and call them a German employee. To employ compliantly you either form a German entity, which takes weeks and carries ongoing cost, or you use an employer of record.

    With an EOR, we employ the person on our German entity and handle the contract, payroll, tax and social security, while you direct their work. It is the fastest compliant way for a US company to make its first German hire, and it avoids the permanent establishment risk that comes from having staff operate in a country where you have no proper presence.

    Q&A

    Frequently asked

    QCan a US company hire an employee in Germany without an entity?
    ANot directly. To employ someone in Germany you need a German entity, or you use an employer of record that already has one. The EOR employs the person on your behalf so you can hire without forming a company.
    QHow is German employment different from US at-will?
    AThere is no at-will employment. Notice periods are set by law and rise with service, dismissals need a valid reason once protection applies, and employees can challenge a dismissal in court. Paid leave and six weeks of sick pay are also statutory.
    QHow much more does a German employee cost than a US one?
    ABudget for employer social contributions of roughly 21 percent on top of the salary, above the US employer payroll-tax burden. It funds more of the employee’s healthcare and pension, and paid leave and sick pay are built in rather than added on.
    QWhat is a works council?
    AA Betriebsrat is an elected body that represents employees at larger sites and has real rights over working conditions. Not every employer has one, but where it exists it has to be consulted on certain decisions, and an experienced employer helps you handle it.
    QWhat is the fastest way for a US company to hire in Germany?
    AAn employer of record. We employ the person on our German entity within days of a signed agreement and handle the contract, payroll, tax and social security, so you skip the weeks it takes to form your own company.
    READY TO HIRE IN GERMANY? START HERE

    Your first European hire, employed properly in Germany

    If you are a US company ready to make your first hire in Germany, we can employ them compliantly on our entity in days, so you get the person without the entity headache.

  • Protecting your IP when hiring in Germany

    Legal 11 min read

    Protecting your IP when hiring in Germany

    German law decides who owns the inventions, code and know-how your team creates, and the answers are not always what you expect. Here is how to make sure your IP ends up with your business.

    IP rules in numbers

    What German law says about the IP your team creates

    The rules that decide who owns the work
    Auto
    Software rights
    Economic rights in software written by employees pass to the employer by law.
    50%
    Non-compete pay
    A post-contract non-compete needs compensation of at least half of pay.
    2 years
    Non-compete limit
    A post-contractual non-compete can last no longer than two years.
    In place
    Trade-secret measures
    Secrets are only protected if reasonable steps are taken to guard them.

    When you hire in Germany, the ownership of what your team creates is decided by German law, not by whatever your home-country template assumes. Inventions, software, copyright and trade secrets each follow their own rules, and a few of them can surprise a foreign employer. This guide sets out how to keep your IP where it belongs.

    Section 1

    Why IP needs attention

    Most companies assume that anything an employee creates on the job automatically belongs to the employer. In Germany that is broadly true for some kinds of work and more complicated for others, and the gaps are where value leaks away.

    The safest approach is to know which rules apply to inventions, software, copyright and trade secrets, and then make sure the contract deals with each one. Leaving it to a generic assignment clause written for another country is how disputes start.

    Section 2

    Employee inventions

    Inventions made by employees are governed by a specific law, the Arbeitnehmererfindungsgesetz. Under it, an employee has to report a qualifying invention to the employer, and the employer can claim the rights to it. That part usually works in the employer’s favour.

    The catch is that claiming an invention triggers a duty to pay the employee reasonable compensation, an Erfindungsvergütung, on top of their salary. So the employer can secure the invention, but not for free. The process for reporting and claiming has to be followed properly for the rights to transfer cleanly.

    Section 3

    Software and copyright

    Software is the friendliest area for employers. Where an employee writes software in the course of their duties, German copyright law passes the economic rights to the employer automatically, so code created on the job is yours without a special clause.

    Other copyright works, such as designs, text or marketing material, are treated a little differently. The author keeps their authorship, which German law does not let them sign away, but they grant the employer the rights to use and exploit the work. A clear contract makes the scope of that grant explicit so there is no argument later.

    Section 4

    Trade secrets

    Trade secrets in Germany are protected under the Geschäftsgeheimnisgesetz, which followed the European trade-secrets directive. The important point is that a secret is only protected if the business has taken reasonable steps to keep it secret in the first place.

    That means access controls, confidentiality terms and sensible security are not optional extras, they are the condition for the protection to exist at all. If you treat information as freely available internally, a court may find it was never a protected secret. Confidentiality obligations in the contract are part of meeting that standard.

    Section 5

    Non-compete clauses

    A post-contractual non-compete, a nachvertragliches Wettbewerbsverbot, is enforceable in Germany, but only on strict terms. It has to be in writing, it can last no longer than two years, and crucially the employer has to pay the former employee compensation for the restricted period, at least half of their last pay.

    That compensation, the Karenzentschädigung, is what makes a German non-compete real. A clause without it is not binding, so a template lifted from a country where non-competes are free will not hold. If you want to restrain a departing employee, you have to be ready to pay for it.

    Section 6

    Getting it into the contract

    Once you know the rules, the contract is where you lock them in. A well-drafted German contract handles each strand of IP so nothing is left to assumption.

    • An invention clause that follows the Arbeitnehmererfindungsgesetz process
    • Confirmation of the employer’s rights in software and other works
    • Confidentiality terms that support trade-secret protection
    • A non-compete only where you will pay the required compensation
    • Clear rules on return of materials when the job ends

    As an employer of record, we make sure these are drafted to German law in the contract we issue, so your IP is protected from the first day.

    Q&A

    Frequently asked

    QDo I automatically own what my German employees create?
    AIt depends on the type of work. Economic rights in software written on the job pass to the employer by law. Inventions can be claimed but trigger compensation to the employee. Other copyright works are used under a grant of rights that the contract should make explicit.
    QHow do employee inventions work in Germany?
    AThe Arbeitnehmererfindungsgesetz governs them. An employee reports a qualifying invention and the employer can claim the rights, but claiming triggers a duty to pay reasonable compensation, an Erfindungsverguetung, on top of salary. The reporting and claiming process has to be followed correctly.
    QAre trade secrets protected in Germany?
    AYes, under the Geschaeftsgeheimnisgesetz, but only if the business takes reasonable steps to keep the information secret. Access controls, confidentiality terms and sensible security are the condition for protection, not optional extras.
    QCan I use a non-compete clause?
    AYes, but a post-contractual non-compete has to be in writing, last no more than two years, and pay the former employee compensation of at least half their last pay for the restricted period. Without that payment the clause is not binding.
    QHow does an EOR protect my IP?
    AWe issue a German contract that handles inventions, software, copyright, confidentiality and any non-compete to German law, so the rights sit with your business from day one instead of relying on a clause written for another country.
    READY TO HIRE IN GERMANY? START HERE

    Your IP secured in a compliant German contract

    If your team in Germany will be creating inventions, code or other valuable work, we make sure the contract secures it for your business under German law from the first day.

  • German social security and pensions explained

    Legal 10 min read

    German social security and pensions explained

    German social insurance runs across five branches and funds the state pension, healthcare and more. Here is what the contributions pay for and what employers need to know.

    Social security in numbers

    What German contributions fund and what they cost

    The five branches and the money behind them
    5
    Branches of cover
    Pension, health, long-term care, unemployment and accident insurance.
    18.6%
    Pension contribution
    Split evenly, 9.3 percent each from employer and employee.
    67
    State pension age
    The standard retirement age Germany is phasing in.
    ~21%
    Employer share of all
    The total employer social cost on top of gross salary.

    German social insurance is one of the most comprehensive systems in Europe, and it is funded by contributions split between employer and employee. Understanding what the money pays for, and how the state pension works on top, helps make sense of a German payslip and an employer’s costs.

    Section 1

    What contributions fund

    German social insurance is built on five branches. Pension insurance, Rentenversicherung, funds the state pension. Health insurance, Krankenversicherung, funds medical care. Long-term care insurance, Pflegeversicherung, covers care in old age or illness. Unemployment insurance, Arbeitslosenversicherung, funds benefits between jobs.

    The fifth branch, accident insurance, is different. It is paid entirely by the employer through a sector body, the Berufsgenossenschaft, and it covers workplace accidents and occupational illness. The first four are shared between employer and employee, the fifth is the employer’s alone.

    Section 2

    The state pension

    The state pension is run by the Deutsche Rentenversicherung on a pay-as-you-go basis, so today’s contributions fund today’s pensioners. An employee builds an entitlement over their working life, measured in pension points that reflect their earnings relative to the average each year.

    The standard retirement age is being raised in steps towards 67. The state pension is the foundation, and many employees add to it through a company or private pension, which is where the next sections come in.

    Section 3

    Rates and ceilings

    For 2026 the contribution rates are pension at 18.6 percent, unemployment at 2.6 percent, health at 14.6 percent plus a supplementary rate, and long-term care at 3.6 percent, with a surcharge on childless employees aged 23 and over. Each is split between employer and employee, except that care surcharge, which the employee bears alone.

    Contributions are only charged up to fixed ceilings. In 2026 pension and unemployment contributions stop at a salary of 8,450 euro a month, and health and care at 5,812.50 euro a month. Above those ceilings no further contributions are due, which is why the employer’s effective percentage falls on higher salaries.

    Section 4

    Company pensions

    On top of the state pension, Germany has a well-established system of company pensions, the betriebliche Altersvorsorge or bAV. Employees have a right to convert part of their salary into a company pension, a process called Entgeltumwandlung, and employers usually have to add a contribution where they save on social costs.

    A company pension is a real draw in a competitive market, and many candidates ask about it. It is not compulsory to offer more than the statutory salary-conversion right, but a genuine employer contribution stands out.

    Section 5

    What it means for employers

    For an employer, social security is the bulk of the on-cost above salary, at roughly 21 percent of gross, and it has to be calculated and remitted correctly every month to the right bodies. Errors are costly, because underpaid contributions can be reclaimed with surcharges.

    As an employer of record, we handle all of this: the monthly contributions across the five branches, the reporting, and the setup of a company pension where you want to offer one. You get the compliance without building the payroll expertise in-house.

    Sources: Deutsche Rentenversicherung and GKV-Spitzenverband publications of the 2026 rates and contribution ceilings. Figures reviewed July 2026.

    Q&A

    Frequently asked

    QWhat does German social security cover?
    AFive branches: pension, health, long-term care, unemployment and accident insurance. The first four are shared between employer and employee, while accident insurance is paid entirely by the employer through a sector body, the Berufsgenossenschaft.
    QHow much is the pension contribution?
    APension insurance is 18.6 percent of gross for 2026, split evenly at 9.3 percent each between employer and employee, up to the contribution ceiling of 8,450 euro a month. It funds the state pension on a pay-as-you-go basis.
    QWhat is the retirement age in Germany?
    AThe standard state pension age is being raised in steps towards 67. Employees build an entitlement over their working life measured in pension points that reflect their earnings each year relative to the average.
    QWhat is a company pension?
    AThe betriebliche Altersvorsorge, or bAV, is a workplace pension on top of the state one. Employees have a right to convert part of their salary into it, and employers usually add a contribution where they save on social costs. A genuine employer contribution is a strong benefit.
    QHow does an EOR handle social security?
    AAs the legal employer we calculate and remit contributions across all five branches every month, file the reports, and can set up a company pension where you want to offer one. You get compliant social security without running it yourself.
    READY TO HIRE IN GERMANY? START HERE

    German social security, handled to the letter

    Social contributions are the biggest cost above a German salary and the easiest to get wrong. As your employer of record we calculate and remit them correctly every month.

  • Remote work in Germany: what employers need to know

    Legal 10 min read

    Remote work in Germany: what employers need to know

    Germany has no single remote-work law and no statutory right to home office, but employers still carry duties on working time, safety and equipment. Here is what applies when your staff work remotely.

    Remote work in numbers

    What German law asks of employers with remote staff

    The duties that follow your employee home
    No
    Statutory right to it
    Germany has no general legal right to home office. It is agreed between the parties.
    8 hours
    Daily working limit
    The Arbeitszeitgesetz caps daily hours and requires rest, at home as in the office.
    In writing
    The safe approach
    A clear remote-work agreement avoids disputes over hours, equipment and expenses.
    A1
    For cross-border
    An A1 certificate keeps social security in the right country for a remote hire abroad.

    Remote and hybrid work are common in Germany, but the legal picture is different from countries that passed a single remote-work statute. There is no general right to work from home, and the rules come instead from existing law on working time, safety and data. This guide sets out what an employer has to get right.

    Section 1

    Is there a right to remote work?

    There is no statutory right to work from home in Germany. A proposed law to create one did not pass, so whether an employee works remotely is a matter for agreement between them and the employer.

    German practice distinguishes two forms. Telearbeit is a fixed home workstation, which brings the workplace safety rules of the Arbeitsstättenverordnung into play. Mobile work, mobiles Arbeiten, is the more flexible arrangement most companies use, where the person can work from home or elsewhere without a formally equipped workstation. Which one you agree changes the duties that follow.

    Section 2

    The remote work agreement

    Because so much is left to agreement, the remote-work terms are worth writing down clearly, either in the contract or a side agreement. A good one removes the common sources of dispute before they arise.

    • Where the person may work and how often
    • Core hours and how working time is recorded
    • Who provides equipment and covers costs
    • Data protection and security expectations
    • Whether the arrangement can be changed or ended

    Setting this out early is far easier than unpicking an informal arrangement later.

    Section 3

    Working time and safety

    The working-time rules apply wherever the person works. The Arbeitszeitgesetz caps the working day, generally at eight hours with limited room to extend, requires rest breaks and an eleven-hour rest between shifts, and restricts Sunday work. A court ruling has also made recording working time an employer duty, so remote hours have to be logged, not left to trust.

    Occupational health and safety duties follow the employee home too. For a formal Telearbeit workstation the employer has real obligations over the setup, while for mobile work the duties are lighter but not absent. Either way, the employer cannot simply forget about safety once the person leaves the office.

    Section 4

    Equipment and expenses

    There is no blanket statutory rule forcing an employer to reimburse every home-working cost, so this is another point to settle by agreement. In practice employers usually provide the laptop and core equipment, and the agreement says what else is covered.

    On the employee’s side, a home-office tax allowance, the Homeoffice-Pauschale, lets them claim a daily amount for working at home through their tax return. That is separate from anything the employer pays, but it is worth knowing when you set expectations on expenses.

    Section 5

    Cross-border remote work

    Remote work gets more complex when the employee sits in a different country from the business. Social security has to stay in the correct country, which for intra-European arrangements is documented with an A1 certificate, and getting this wrong can mean contributions owed in two places.

    There is also a permanent establishment risk: a person working from another country can, in some cases, create a taxable presence for the company there. Employing through a local entity, as an employer of record does, is one way to keep a cross-border remote hire clean.

    Q&A

    Frequently asked

    QIs there a right to work from home in Germany?
    ANo. There is no general statutory right to home office in Germany. Whether an employee works remotely is agreed between them and the employer, and it is best set out in writing in the contract or a side agreement.
    QWhat is the difference between Telearbeit and mobile work?
    ATelearbeit is a fixed home workstation, which brings the workplace-safety rules of the Arbeitsstaettenverordnung into play. Mobile work, mobiles Arbeiten, is more flexible and lets the person work from home or elsewhere without a formally equipped workstation.
    QDo working-time rules apply at home?
    AYes. The Arbeitszeitgesetz applies wherever the person works, capping daily hours, requiring rest breaks and an eleven-hour rest between shifts. Employers also have to record working time, so remote hours have to be logged.
    QDoes the employer have to pay home-office costs?
    AThere is no blanket statutory reimbursement rule, so it is settled by agreement. Employers usually provide core equipment. Separately, employees can claim a home-office tax allowance, the Homeoffice-Pauschale, through their tax return.
    QWhat about an employee working remotely from another country?
    ASocial security has to stay in the correct country, documented with an A1 certificate for European arrangements, and there can be a permanent establishment risk for the company. Employing through a local entity, as an EOR does, keeps it compliant.
    READY TO HIRE IN GERMANY? START HERE

    Remote hires in Germany, agreement and duties handled

    If you are hiring someone to work remotely in Germany, we put the right agreement in place and handle the working-time, safety and social-security duties that come with it.

  • German employment contracts: what a compliant Arbeitsvertrag needs

    Legal 10 min read

    German employment contracts: what a compliant Arbeitsvertrag needs

    A German contract has to record a defined set of terms in writing, respect strict limits on fixed terms and probation, and give way to any collective agreement. Here is what a compliant one contains.

    The contract in numbers

    What a compliant German contract has to get right

    The written terms and the limits the law sets around them
    Written
    Terms required
    The Nachweisgesetz requires the essential terms of employment in writing.
    6 months
    Maximum probation
    A Probezeit can run up to six months, with two weeks’ notice during it.
    2 years
    Fixed-term cap
    A fixed-term contract without an objective reason is limited to two years.
    20 days
    Minimum leave
    At least 20 days on a five-day week, stated in the contract.

    A German employment contract, the Arbeitsvertrag, is where the relationship is defined, and German law is specific about what it has to say. It also sets firm limits on fixed terms and probation and defers to any collective agreement that applies. This guide covers what a compliant contract contains.

    Section 1

    What the contract must contain

    The Nachweisgesetz, the law on written employment terms, requires the essential conditions of the job to be recorded in writing. A compliant Arbeitsvertrag sets these out clearly so both sides know where they stand.

    • The parties, the start date and the workplace
    • A description of the role and duties
    • Pay, including any bonuses or allowances
    • Working hours and rules on overtime
    • Paid leave, at least the statutory minimum
    • Notice periods and any probation
    • Any collective agreement that applies

    Missing terms do not void the contract, but they can create disputes and expose the employer, so getting the written record right at the start is worth the effort.

    Section 2

    Contract types

    Most German contracts are open-ended, unbefristet, which is the default and the strongest form for the employee. A fixed-term contract, befristet, is allowed but limited. Without an objective reason it can run for a maximum of two years, with a small number of extensions inside that window. With a genuine objective reason, such as covering parental leave, it can run longer.

    Part-time work, Teilzeit, follows the same rules on a pro-rata basis, and marginal Minijob employment has its own earnings threshold. The type you choose shapes the notice and renewal rules that follow.

    Section 3

    Probation periods

    A probation period, the Probezeit, can run for up to six months. During it, either side can end the contract on a shortened notice of two weeks, which gives both the employer and the employee an easier exit early on.

    Probation is not automatic. It has to be agreed in the contract, and it cannot be longer than six months. After it ends, the ordinary notice periods and, where it applies, full dismissal protection take over.

    Section 4

    Collective agreements

    Many sectors in Germany are covered by a collective agreement, a Tarifvertrag, negotiated between unions and employers. Where one binds your business, it can set minimum pay, working hours, leave and other terms above the statutory floor, and the contract has to respect it.

    Checking whether a Tarifvertrag applies to a role is part of drafting the contract properly. Ignore one that binds you and the employee can claim the better terms it provides, regardless of what the contract says.

    Section 5

    Written form and start

    The essential terms have to be provided in writing, and while an English-language contract can be used, the terms must be clear to the employee, so a German version is common and often wise. The written record has to be in place around the start of employment.

    Alongside the contract, the employee is registered with their health insurer and the social insurance system before the first payroll. As an employer of record we handle the contract and these registrations together, so nothing is missed at the start.

    Q&A

    Frequently asked

    QWhat must a German employment contract include?
    AThe essential terms the Nachweisgesetz requires: the parties, start date and workplace, the role, pay, working hours, paid leave, notice, any probation, and any collective agreement that applies. The record has to be in writing.
    QCan I use a fixed-term contract in Germany?
    AYes, but with limits. Without an objective reason a fixed term is capped at two years, with a few extensions inside that window. With a genuine objective reason, such as covering parental leave, it can run longer.
    QHow long can a probation period be?
    AUp to six months. During the Probezeit either side can end the contract on two weeks’ notice. It has to be agreed in the contract and cannot exceed six months.
    QDoes the contract have to be in German?
    AThere is no strict requirement to use German, and English contracts are used. But the terms must be clear to the employee, so a German version is common and reduces the risk of a dispute over what was agreed.
    QWhat is a Tarifvertrag?
    AA collective agreement negotiated between unions and employers that can set pay, hours and leave above the statutory minimum for a sector. Where one binds your business, the contract has to respect it and the employee can claim its terms.
    READY TO HIRE IN GERMANY? START HERE

    Compliant German contracts, drafted and registered

    If your template was written for another country, we rebuild it as a compliant Arbeitsvertrag and handle the registrations, so your German hire starts on solid ground.