Legal Working Conditions

Statutory Working Conditions for Posted Workers

When workers are posted, the conditions of the labor contracts are principally determined by the legal system of the country where the posting employer is located or where the employment regularly takes place. Therefore, the rights of employees who are only temporarily sent to work in Germany are usually determined by foreign labor law. However, to ensure fair competition and to protect the interests of employees, the German Posted Workers Act (AEntG - Arbeitnehmerentsendegesetz) stipulates, that in some business sectors certain minimum standards have to be fulfilled. These include:

• maximum work periods and minimum rest periods
• minimum paid vacation
• minimum wage
• Health, safety, and hygiene at work

In some sectors, working conditions additionally have to comply with the relevant collective agreements. Furthermore, employers of the construction industry proper, the industrial cleaning and letter mail businesses have to register their delegated workers with the appropriate customs authorities.

The Posted Workers Act is applicable to the following service sectors:

• demolition trade, 
• construction industry proper, 
• letter mail services businesses, 
• roofing trade, 
• horticulture, 
• landscaping  and sports ground construction, 
• industrial cleaning trade, 
• painting and lacquering trade, 
• assembly work on construction sites, 
• stonemasonry and sculpting trade.

Comprehensive information on the German regulations on posted workers and the relevant proceedings as well as individual support is available through the website of the German Customs Office. In Germany, the customs authorities monitor illegal employment. In order to do so, they are entitled to investigate whether employers comply with the mandatory minimum working conditions. Businesses who do not comply with these standards can be fined up to 500,000 €.