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.