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Posting of people from outside the EU to Germany
Social security agreements: How to legally protect your employees during cross-border assignments.
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Which residence permits , such as the ICT card, are most efficient for specialists and managers.
How the Posted Workers Act and the Rome I Regulation affect your employment contracts.
When employees can remain in the foreign social security system despite working in Germany.
How we protect you from legal risks through prior approval procedures and communication with authorities.
1. Which residence permit is required when posted from outside the EU?
2. Which labor law applies to the posting of workers from outside the EU?
3. Which social security applies when posted from outside the EU to Germany
4. VISAGUARD services for postings from outside the EU to Germany
5. FAQ Posting from outside the EU
6. Conclusion: Posting of workers from outside the EU
1. Which residence permit is required when posted from outside the EU?
The legal landscape for employing foreign staff on secondments is complex and largely governed by the German Residence Act (AufenthG). A key component is the regulations implementing the ICT Directive , which aim to facilitate intra-corporate mobility. However, numerous other regulations also exist, and their relationship to one another is often determined by current administrative practice. Since the legislator has not established explicit priority rules, it is essential to always assess whether specialized permits or more general regulations for skilled workers represent the best solution for your project (e.g., the EU Blue Card ), or whether a residence permit for privileged nationals (§ 26 BeschV) can be applied for.
Within internationally operating corporate groups, the ICT card, as defined in Section 19 of the German Residence Act (AufenthG), is the primary instrument for the transfer of managers, specialists, and trainees. This form of secondment requires that the individual in question works (long-term) as a company specialist or in a management position , often requiring proof of specific prior employment abroad. If these requirements are not met, the somewhat more complex question arises as to whether alternative procedures, such as personnel exchange under Section 10 of the German Ordinance on the Employment of Foreigners (BeschV) or regulations for in-house training, can be used. In any case, choosing the correct residence permit is crucial for a legally compliant secondment.
2. Which labor law applies to the posting of workers from outside the EU?
Employment law also plays a significant role in assessing the legal certainty of a secondment. The question of applicable employment law is primarily governed by the Rome I Regulation . If the secondment is based on a single-contract model, the contractual relationship in the home country usually remains in effect; however, we always recommend an explicit choice of law in favor of the home country's law pursuant to Article 8(1), first sentence, of the Rome I Regulation. Despite such a choice, however, mandatory German provisions—so-called overriding provisions —supersede the chosen law in order to safeguard social standards at the German place of employment.
The central point of reference regarding mandatory regulations is the Posted Workers Act (AEntG) . For postings of up to twelve months, only specific core provisions of German law pursuant to Section 2 Paragraph 1 AEntG are mandatory, while if this period is exceeded, the scope of protection extends to almost all regulations applicable at the German place of employment pursuant to Section 13b Paragraph 1 Sentence 1 AEntG. The Proof of Employment Act (NachweisG ) also places high demands on documentation, as essential contractual terms must be provided in writing if an employee works in Germany for more than one month.
3. Which social security applies when posted from outside the EU to Germany
When seconding employees from a non-EU country to Germany, the questions of the correct visa/residence permit and the relevant labor law arise, as well as the question of the applicable social security law , whereby the principle of the place of employment generally prevails. According to the general rule in Section 3 of the German Social Code, Book IV (SGB IV) , this means that a person is subject to the legal regulations of the country in which they actually perform their work . However, we always prioritize examining the exceptions stipulated in the bilateral social security agreements (SVA) for our clients, which often allow them to remain in their familiar home system during temporary assignments.
This exception applies in the context of a posting if the so-called " residence" is deemed to exist under Section 5 of the German Social Code, Book IV (SGB IV), allowing the employee to remain insured under the system of their home country. A critical point here is the often incomplete health insurance coverage in many bilateral agreements, which primarily focus on pension insurance. Without explicit regulations in the Social Security Code (SGB IV), those affected often have to provide proof of comprehensive private health insurance or specific incoming insurance to meet the requirements for a residence permit. However, in regular employment relationships, it is often possible for the employee to be enrolled in the statutory health insurance system.
4. VISAGUARD services for postings from outside the EU to Germany
To avoid legal uncertainties and lengthy processes, we often recommend conducting a preliminary approval procedure with the Federal Employment Agency in accordance with Section 36 Paragraph 3 of the German Employment Ordinance (BeschV), along with an accompanying compliance review. Since the authorities examine the interrelationship of the various regulations at this stage, this procedure creates legal certainty for the entire company at an early stage. The Employment Agency's decision is generally binding for the subsequent issuance of the permit by the foreign mission, thus minimizing the risk of rejection in the target country.
At VISAGUARD, we guide you through the entire process, from strategically selecting the right contract model – such as the two-contract model – to complying with reporting obligations to customs authorities. Our expertise includes reviewing your posting contracts for compliance with the German Posted Workers Act (AEntG) and assisting with calculating minimum wage rates to avoid sanctions. We ensure that your skilled workers can begin their assignments in Germany on schedule, while guaranteeing compliance with current immigration and employment laws.
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5. FAQ Posting from outside the EU
What is the main difference between the ICT card and the staff exchange?
The ICT card is based on European law for intra-group transfers, while the exchange of personnel according to § 10 BeschV is a national regulation that applies if the specific conditions of the ICT Directive are not met.
Does German dismissal protection also apply to seconded employees?
According to the territoriality principle, the Protection Against Unfair Dismissal Act primarily applies to employees working in Germany; in the case of secondments, this depends heavily on the actual integration into the German company.
What happens if there is no social security agreement?
Without an agreement, the pure territorial principle usually applies, which can lead to double insurance in both states or to gaps in insurance coverage.
What obligations does an employee have who falls ill during their assignment?
According to Section 5 Paragraph 2 of the German Continued Payment of Wages Act (EFZG), the employee must inform the employer of his incapacity for work, its expected duration and his address at his place of residence as soon as possible.
6. Conclusion: Posting of workers from outside the EU
The successful secondment of employees to Germany requires precise coordination between residency rights, social security, and mandatory labor standards. Since administrative practice—for example, regarding the recognition of standardized contracts or the interpretation of social security agreements—is constantly evolving, sound legal support is essential. A proactive approach, including prior approval procedures and carefully drafted contracts, minimizes liability risks and ensures the success of your global staffing assignments.
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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] Kluth, W. / Heusch, A. (eds.): Beck'scher Online-Kommentar Ausländerrecht, 40th edition, CH Beck, Munich 2023.