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Posting within the EU to Germany
Legally compliant employee mobility between freedom of movement, Vander Elst and A1 certificate
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How the coordination of social security systems works in cross-border work.
Which basic principles such as equal treatment and the export of services apply to posted workers.
Why the A1 certificate is the key document for your legal security.
Everything about Regulations (EC) No 883/2004 and 987/2009.
1. Posting of European employees within the EU
2. Posting of non-European staff within the EU
3. Employment law for secondments within the EU
4. Social security law for postings within the EU
5. FAQ Posting within the EU
6. Conclusion on posting within the EU
1. Posting of European employees within the EU
From a purely immigration law perspective, the secondment of employees who are nationals of an EU member state is extremely straightforward. Due to the freedom of movement under EU law, specifically Article 45 TFEU, these individuals do not require a visa or a separate work permit to work in Germany. In this context, immigration law plays a negligible role for our firm in advising clients, as market access is granted directly by law. Our primary focus is on administrative processing and compliance consulting.
Behind the apparent simplicity lie complex requirements in the areas of labor and social security law . Even though no visa application is required, the posting of employees abroad is subject to strict regulatory frameworks to prevent social dumping. We ensure that, despite the freedom of movement, all accompanying obligations are fulfilled for our clients, so that the cross-border freedom to provide services is not jeopardized by unlawful conduct. In practice, this means that we primarily verify compliance with German minimum standards, which also apply to our European neighbors from day one.
2. Posting of non-European staff within the EU
The situation becomes considerably more complex when companies wish to send third-country nationals – i.e., employees without an EU passport – from another member state to Germany. In these cases, freedom of movement does not apply directly, which is why residence permit instruments such as intra-European mobility (e.g., for holders of an EU Blue Card or an ICT Card ) or privileges under Section 26 of the Employment Ordinance (BeschV) must be examined. The so-called Vander Elst visa is particularly relevant in this context. Based on the case law of the European Court of Justice, it allows companies headquartered in the EU to send their legally employed third-country nationals to Germany without a lengthy labor market access procedure.
The requirements for a Vander Elst visa are strict: The employee must already be legally employed and have social security coverage in the sending country and must return there after the assignment. The process requires precise documentation of the service relationship between the foreign employer and the German client. We assist companies in gathering the necessary evidence to obtain a work permit under the freedom to provide services. Since processing times at consulates can vary, early strategic planning is essential to avoid delays in the project.
3. Employment law for secondments within the EU
In the area of purely contractual employment law, the territoriality principle applies to employee secondments, meaning that mandatory German employment law provisions apply even if the employment contract is actually governed by foreign law. According to the Posted Workers Act (AEntG) , employers must guarantee their employees seconded to Germany the minimum conditions applicable in Germany. This applies in particular to remuneration , maximum working hours , and vacation entitlement . We analyze for you to what extent the Rome I Regulation permits a choice of law and where German law, as a so-called overriding rule, necessarily supersedes this choice.
The duration of the assignment is particularly critical: While only a core set of regulations according to Section 2 Paragraph 1 of the Posted Workers Act (AEntG) applies during the first twelve months, this protection extends to almost all German labor standards after a maximum of 18 months. We support our clients in structuring their working time documentation and payroll accounting in such a way that they withstand an audit by the Financial Control Unit for Undeclared Work. Compliance with the minimum wage and the correct classification of allowances are the most frequent pitfalls, which we mitigate through a preventative review of the posting contracts.
4. Social security law for postings within the EU
Social security law for intra-European postings follows the principle that a person should only be subject to the legislation of a single state to avoid double insurance . Regulation (EC) No. 883/2004 coordinates the systems so that posted workers can remain in their home country's social security system for temporary assignments of up to 24 months. However, this is conditional on the work not being performed to replace another posted worker. We provide comprehensive advice on the conditions under which your staff can remain covered by their familiar system, which is of paramount importance, especially for their pension entitlements.
The key instrument for proving this continued validity is the A1 certificate . This document must be applied for for every cross-border activity and serves as proof during inspections that no contributions are payable in Germany. Without a valid A1 certificate, substantial fines and immediate mandatory insurance coverage under German law are possible. We handle the entire electronic application process for your company and ensure that the certificates are available on time to guarantee full legal certainty for your international staff deployment.
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5. FAQ Posting within the EU to Germany
What happens when there is a disagreement between two social security institutions?
In such cases, a provisional application of the legal provisions is provided for in order to ensure that the insured is not left without protection until a final decision is made.
What is the maximum permissible duration of a posting?
A secondment is typically limited to 24 months, unless the work is to replace another person. For tax purposes, the 183-day rule often applies.
Do I need to apply for an A1 certificate even for short business trips?
Yes, legally speaking, an A1 certificate is required for any cross-border professional activity within the EU to prove insurance status.
Who bears the costs for medical benefits in case of illness abroad?
In principle, these costs are covered by the responsible institution, whereby the insured person is entitled to medically necessary services in the host country.
6. Conclusion: Posting within the EU to Germany
Sending employees to Germany offers significant opportunities for economic success, but requires a precise understanding of European coordination rules . As experts in visa and secondment law, we guide you through the bureaucratic maze so you can focus on your core business while your employees' social security remains in safe hands.
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Further Information
List of Sources (Paywall)
[1] Timmermann/Uznanski/Mävers/Klaus, Employment of foreign workers, 2nd edition 2026
[2] Offer/Mävers, Employment Ordinance, 2nd edition 2022
[3] Thüsing, G.: Employee secondment: A handbook for practice, 3rd edition, CH Beck, Munich 2021.
[4] Regulation (EC) No 883/2004: On the coordination of social security systems.
[5] Fourth Book of the Social Code (SGB IV): In particular Section 3 (Territoriality), Section 4 (Extension) and Section 5 (Intension).
[6] Federal Employment Agency, Technical Instructions on the Residence Act and Employment Ordinance, BA Headquarters, 5731, INT 24, Status: 06/2024
[7] Employment Ordinance of 6 June 2013 (Federal Law Gazette I p. 1499), as last amended by Article 22 of the Act of 22 December 2025 (Federal Law Gazette 2025 I No. 355)