Employer of Record in Germany

Guide to Hiring Employees in Germany

Your guide to hiring employees in Germany, covering the employment landscape, employer of record responsibilities, working customs, and local labor laws.

Hiring Employees In Germany
Employer Of Record In Germany

Capital City

Berlin

Currency

Euro

 (

)

Timezone

GMT +1

Payroll Frequency

Monthly

Tax Year

1 January - 31 December

Employer Tax

20.80%

Languages

German

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How to Hire Employees In Germany

Hiring in Germany for the first time can be overwhelming, especially when navigating unfamiliar employment laws.  Whether you hire independent contractors, set up a legal entity, or use an EOR service, understanding the local employment landscape is crucial for success.  Playroll’s comprehensive guide can help you get started if you're hiring locally or relocating a team member.

Companies can hire employees in Germany in the following three ways:

  • Setting up a local entity. Entity establishment reduces risk exposure and enables direct hiring, but can be costly and time-consuming – making it less practical for companies seeking quick and flexible solutions for hiring in Germany.
  • Partnering with an Employer Of Record. An EOR, like Playroll, is a third-party entity that serves as the legal employer of your international workforce which hires, pays, and manages compliance with Germany’s labor laws and tax regulations.
  • Hiring independent contractors. Hiring contractors gives companies a flexible, affordable alternative to hiring local employees, though it involves unique misclassification risks.

Good To Know

Germany's workforce is in high demand, given the country's vast pool of highly educated and skilled workers. It consistently ranks among the countries with the highest percentage of individuals holding university degrees globally.

Establishing a business presence in Germany involves intricate processes like setting up a local entity, dealing with tax complexities, and navigating a lengthy property registration, all demanding significant time and effort.

When recruiting in Germany, it's crucial to distinguish between contractors and full-time employees, as misclassification may result in fines due to differing regulations for each category.

In German business culture, interpersonal connections hold a secondary significance as there is a distinct separation between work and personal life. Business connections are established on mutual benefit, with the primary focus on achieving shared tasks and objectives.

Employment and Labor Laws in Germany

Businesses can only operate smoothly in Germany if they comply with local labor laws including drafting compliant employment contract agreements and meeting taxation and payroll obligations. Learn more about the employment laws and regulations in Germany below, to avoid any compliance issues.

Employment Contract Requirements

Employers in Germany are required to provide employees with a written statement outlining the employment terms within the initial month of commencing work. Key elements necessary for an employment contract are:

  • Full names and addresses of both employer and employee
  • Employment start date
  • Regular work location
  • Concise job description
  • Details regarding salary and additional remuneration components, as well as additional benefits or training offered by the employer
  • Agreed-upon working hours, details around overtime- whether, and at what rate, it will be remunerated

Onboarding Process

We can help you get a new employee started in Germany quickly, with a minimum onboarding time of just 1-2 working days. The timeline starts once the employee submits all required information onto the Playroll platform and completes any necessary local authority registrations. For non-nationals, the Right to Work assessment (if applicable) may add up to three extra days. Additional time may be needed for follow-ups on this assessment. Please note, payroll cut-off dates can impact the actual start date. Playroll's payroll cut-off date is the 10th of each month unless otherwise specified.

Probation Period in Germany

In Germany, probation or trial periods, typically lasting up to six months, are commonly established within collective agreements, although not mandated by law.

Working Hours in Germany

In Germany, employers must ensure compliance with strict regulations regarding working hours and overtime. The standard workweek is set at 40 hours, with employees allowed to work up to 8 hours a day and 48 hours per week. Exceptions are allowed in certain industries, such as healthcare and transportation, where longer shifts may be necessary. Overtime is regulated, with employees typically allowed to work up to 2 extra hours per day, but any overtime beyond this must be agreed upon by both the employer and employee.

Overtime compensation in Germany is an important aspect of employment law. Employees are entitled to additional pay for overtime work, usually at a rate of 25% higher than their normal hourly wage. For overtime worked on weekends or public holidays, this rate may be higher, such as time-and-a-half or double time, depending on the employment contract or collective agreements. Employers must ensure they follow these regulations to maintain a fair and balanced working environment.

Minimum Wage in Germany

As of January 1, 2025, Germany's statutory minimum wage is set at €12.82 per hour, reflecting an increase from the previous rate of €12.41.

This wage applies to all employees over 18, with exemptions for certain groups such as trainees, volunteers, and long-term unemployed individuals re-entering the workforce. Some industries, such as the temporary employment sector, have negotiated higher minimum wages, reaching €14.00 per hour from November 2024 to February 2025. Employers must ensure compliance with these regulations to avoid penalties and uphold fair labor standards.

Germany's Minimum Wage Commission reviews and adjusts the minimum wage every two years, taking into account economic conditions like inflation and employment rates. The government enforces these wage regulations through the Minimum Wage Act, ensuring that wages remain competitive while balancing labor market stability. With discussions ongoing about potential increases to €15.00 per hour by 2026, businesses should stay informed about upcoming policy changes to remain compliant and competitive in Germany’s labor market.

Employer of Record in Germany

An Employer of Record (EOR) acts as the legal employer for workers in Germany, taking on key responsibilities to ensure compliance with local labor laws and regulations. The EOR facilitates the hiring process for businesses that want to employ workers without establishing a legal entity in the country.

The employer of record in Germany is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Germany's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Germany's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Germany's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by Germany's labor laws, such as health insurance, pension contributions, and statutory leave.
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Payroll Management in Germany

Fiscal Year in Germany

1 January - 31 December is the 12-month accounting period that businesses in Germany use for financial and tax reporting purposes.

Payroll Cycle in Germany

The payroll cycle in Germany is usually Monthly, with employees being paid by the 25th of the month.

Minimum Wage in Germany

The minimum wage for employees in Germany is typically 12.82 EUR per hour, amounting to ~ 2, 222 EUR per month for a typical 40 hour work week.

Bonus Payments in Germany

In Germany, it's a common practice to receive a 13th-month salary paid out during the December payroll.

Employment Taxes in Germany

Employer Tax Contributions

Employer payroll contributions are generally estimated at an additional 20.8% on top of the employee salary in Germany.

Tax Type Tax Rate
Health insurance (€5,512.50 per month; €66,150 annually) 7%
Supplementary contribution on health insurance 0.85% on average (2.5% split between the employer and the employee)
Pension Insurance (applies to salaries up to €8,050 per month (€96,600 annually)) 9%
Unemployment Insurance (applies to salaries up to €8,050 per month (€96,600 annually)) 1%
Care insurance (€5,512.50 per month (€66,150 annually)) 2%

Employee Payroll Tax Contributions

In Germany , the typical estimation for employee payroll contributions cost is around 21.225% - 31.825%.

Tax Type Tax Rate
Health insurance (€5,512.50 per month; €66,150 annually) 7%
Supplementary contribution on health insurance 0.85% on average (2.5% split between the employer and the employee)
Pension Insurance (applies to salaries up to €8,050 per month (€96,600 annually)) 9%
Unemployment Insurance (applies to salaries up to €8,050 per month (€96,600 annually)) 1%
Care insurance (€5,512.50 per month (€66,150 annually)) 2%

Individual Income Tax Contributions

Individual Income Tax in Germany varies from 14% to 45%, calculated based on progressive rates. The applicable rate is determined by factors such as the employee's tax class (marital status, multiple income sources, etc.)

Income BracketTax Rate
0 - 11,604 EUR0%
11,605 EUR - 66,760 EUR14%-42%
66,761 EUR - 277,825 EUR42%
277,826 EUR And above45%

Pension in Germany

Germany's statutory old-age insurance is designed to support employees in maintaining a suitable standard of living during retirement. Payments usually begin at age 67, with a maximum payout currently set at 67% of the average net income earned throughout the insured employees working life.

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Germany tailored to your needs.

Payroll and Employment Taxes in Germany

Employers in Germany must manage a comprehensive payroll system that includes income tax withholding, social security contributions, and, where applicable, church tax. Compliance requires understanding Germany's progressive tax rates, contribution ceilings, and specific submission deadlines for each tax type.

Employers are also responsible for ensuring accurate deductions and timely payments to avoid penalties and maintain positive employee relations. By leveraging payroll management software, businesses can streamline payroll processes, consolidate payroll data, and ensure full compliance with Germany's regulations, reducing administrative burdens and mitigating risks.

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Work Permits & Visas in Germany

In Germany, work permits and visas are essential for hiring foreign employees or relocating international talent. The process typically involves obtaining a residence permit in addition to the appropriate visa. The key permits and visas include the Job Seeker Visa for job hunting, the Work Visa for Qualified Professionals, the EU Blue Card for highly skilled workers, and the Permanent Residence Permit for long-term employment. Employers must comply with labor regulations and support their employees through the application process.

Annual Leave & Company Policies In Germany

Mandatory Leave Entitlement in Germany

The annual leave entitlement in Germany is 20 days for a full time worker. These can include public holidays on top of that or within those days, which would otherwise be unpaid.

Public Holidays In Germany

Germany observes 13 public holidays, not included in the minimum paid leave entitlement, but employers typically grant these holidays as days off for their employees. The 13 national holidays in Germany include:

HolidayDate
New Years Day1 January
Epiphany (additional in some states)6 January
Good FridayMarch/April, day changes yearly
Easter MondayMarch/April, day changes yearly
Labour Day1 May
Ascension DayMay, the specific day fluctuates each year
Whit MondayMay or June, the specific day fluctuates each year
Corpus Christi (additional in some states)11 June
Day of German Unity3 October
Day of Reformation (additional in some states)31 October
All Saints Day (additional in some states)1 November
Christmas Day25 December
Boxing Day26 December

Paid Time Off in Germany

Employees in Germany are entitled to a minimum of 20 working days per year for a regular 5-day week or 24 working days for a regular 6-day week. Generally, leave must be used in the year it is due. Certain exceptions may apply, where leave may be carried over into the following year (such as illness or special circumstances preventing the employee from taking leave).

Maternity Leave In Germany

Pregnant employees in Germany are entitled to 14 weeks of paid leave. This leave is subject to the following details:

  • Pregnant employees may receive 6 weeks of leave pre-birth and eight weeks post-birth.
  • The amount paid during this period is 100% of their last cleared salary in the 3 calendar months prior the maternity period.
  • The maternity allowance is a maximum of 13 EUR per day. The employer covers the difference between the maternity allowance and the previous salary.
  • Special maternity protection for up to 12 weeks applies in cases of premature or multiple births or if the child has disabilities.

Paternity Leave In Germany

In Germany, there is no specific law for paternity leave, but employees have the right to parental leave.

Sick Leave In Germany

Paid sick leave in Germany has no specified limit. During sick leave, the employee receives full salary coverage, initially paid by the employer for the first 6 weeks (42 days) and subsequently covered by the health insurance company. Sick leave entitlements are subject to the following details:

  • The employee must work for at least four weeks to receive sick pay from the employer.
  • If illness occurs before the initial four week period, health insurance covers the leave, requiring the employee to submit a sick note to claim insurance benefits.
  • Employees are also entitled to receive 30 days of paid leave per parent when their child is ill, facilitated by the health insurance company. To access this benefit, the employee needs to submit a sick note for the child and apply for it through the health insurance provider.

Parental Leave In Germany

Employees can take up to 3 years of parental leave per child until the child turns three years old, subject to the following:

  • During parental leave, employees can receive an allowance ranging between 300 EUR and 1800 EUR per month.
  • The amount paid is calculated by the state parental allowance fund based on their previous 12 months' gross salary.

Annual Leave and Company Policies In Germany

Germany has a well-regulated leave policy that ensures employees receive adequate time off for rest, health, and family responsibilities. Full-time employees are entitled to a minimum of 20 working days of paid annual leave per year, based on a five-day workweek, excluding public holidays. In addition to annual leave, employees benefit from paid sick leave for up to six weeks per illness, with full salary coverage by the employer. Maternity leave includes 14 weeks of paid leave, while parental leave allows up to three years per child, with financial support from the government.

Employers in Germany must comply with strict labor laws governing leave entitlements, ensuring employees receive their statutory benefits. Part-time employees are granted proportional leave based on their working hours. While there is no statutory paternity leave, fathers can take advantage of shared parental leave. Other types of leave, such as bereavement or emergency leave, depend on employer agreements or collective bargaining contracts. To maintain compliance and employee satisfaction, businesses should clearly outline leave policies, stay updated on legal changes, and maintain accurate leave records.

Employee Benefits in Germany

Germany offers a robust framework of mandatory employee benefits, including comprehensive health insurance, pension contributions, and sick leave, designed to ensure worker welfare and security. Supplemental benefits, such as private health insurance, company pension plans, and flexible working arrangements, provide employers with opportunities to attract and retain top talent.

Employers should also remain aware of tax implications and legal obligations outlined in the Social Code, ensuring compliance with labor laws and effectively managing payroll costs while providing competitive benefits that enhance employee satisfaction and productivity.

Termination and Severance Policies in Germany

In Germany, employment termination is governed by stringent laws designed to protect employees. Employers must provide a valid reason for dismissal, such as personal circumstances, conduct-related issues, or compelling operational requirements. Additionally, specific procedures, including adherence to statutory notice periods and, where applicable, consultation with the works council, must be followed to ensure compliance.

Contrary to common belief, there is no automatic entitlement to severance pay under German law. However, severance may be negotiated in cases of operational dismissals, mutual termination agreements, or as part of social plans during mass layoffs. The typical severance calculation is half a month's salary for each year of service, though this can vary based on individual circumstances and negotiations.

Employment Termination and Severance Policies in Germany

Termination Process in Germany

Terminations in Germany are complex. Beyond the probation period, employers must justify terminations, and the process varies based on agreements, contract type, and reasons, with employees protected by the German Termination Protection Act after six months. An employee may be terminated compliantly for one of the following reasons:

  • Voluntarily by the employee
  • By mutual agreement
  • "Termination for good cause"- Conduct-related dismissal/breach of employment terms
  • By the expiration of the contract

Notice Period in Germany

Employees in Germany are entitled to a minimum statutory notice period of four weeks before the 15th or the last day of the following month, contingent upon the duration of their tenure with the company:

  • Up to 2 years:  4 weeks (per the 15th or last day of the month)
  • 2 - 4 years: 1 month
  • 5 - 7 years: 2 months
  • 8 - 9 years: 3 months
  • 10 - 11 years: 4 months
  • 12 - 14 years: 5 months

Severance in Germany

In Germany, severance pay is provided when an employer terminates an employment agreement without notice. It is often customary, though not legally required, to offer severance after an employee has been with the company for 6 months to mitigate litigation risk.

Disclaimer

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). Playroll does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect Playroll’s product delivery in any given jurisdiction. Playroll makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.

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ABOUT THE AUTHOR

Jesse Weisz

Jesse is an experienced R&D Analyst at Playroll, a leading Employer of Record (EOR) provider. With a strong background in data analysis and market research, Jesse specializes in identifying emerging trends and driving innovation in global HR solutions. She is an all-rounder, critical thinker and success-seeker (often inextricably linked to being a late-night tea drinker).

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FAQS

FAQs About Hiring In Germany

Questions and Answers

What is the minimum wage in Germany?

As of January 1, 2025, Germany's minimum wage rates are:

  • €12.82 per hour.
  • Applies across all sectors.
  • Reviewed annually, with potential increases based on economic and labor market conditions.

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