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Hiring Employees in Germany: A Comprehensive Guide
Hiring Employees in Germany: A Comprehensive Guide
Emmett Arthur avatar
Written by Emmett Arthur
Updated over a week ago

Table of Contents

  1. Introduction

  2. Key Considerations for Employing in Germany

  3. Benefits

  4. Employment Contracts

  5. Onboarding

  6. Leaves

  7. Payroll & Taxes

  8. Termination Process

  9. Invoice Schedule

  10. Get Started with Omnipresent


1. Introduction

Hiring employees in Germany requires compliance with strict labor laws and regulations. Omnipresent’s Employer of Record (EOR) service ensures that businesses meet all employment, payroll, and benefits obligations in Germany.


2. Key Considerations for Employing in Germany

  • Currency: Euro (€)

  • Language: German

  • Employer Costs: High (~20-25% of salary)

  • Termination Complexity: High (strict labor protections)

  • Onboarding Timeline: Approximately 15-20 calendar days

  • Payroll Frequency: Monthly


3. Benefits

Types of Benefits Offered

  • Mandatory Benefits: Public healthcare, pension contributions, unemployment insurance, workers’ compensation.

  • Supplementary Benefits: Private healthcare, additional pension schemes, life & disability insurance.

Healthcare

  • Public healthcare (Gesetzliche Krankenversicherung - GKV) is mandatory for employees earning below a salary threshold (~€66,600 in 2023).

  • Private healthcare (Private Krankenversicherung - PKV) is optional for higher earners.

  • Employers must contribute 50% of healthcare premiums.

Retirement

  • State Pension (Deutsche Rentenversicherung): Mandatory contributions shared between employer and employee.

  • Company pension plans (Betriebliche Altersvorsorge - bAV): Optional but common.


4. Employment Contracts

Contract Types

  • Indefinite-term contracts (Unbefristeter Arbeitsvertrag)

  • Fixed-term contracts (Befristeter Arbeitsvertrag, max 2 years)

  • Part-time contracts

Requirements

  • Written employment contracts are required.

  • Language: German (bilingual contracts are recommended).

  • Signature Requirements: Wet ink or digital signature.

  • Backdating: Not permitted under Omnipresent’s policy.

Probation Period

  • Maximum probation period: 6 months.

  • Employers can terminate employment with shorter notice during probation.

Contract Customisation

  • Optional clauses for customization, such as additional vacation days.

  • Certain elements cannot be customized due to compliance risks (e.g., restrictive covenants, minimum statutory notice periods).


5. Onboarding

Timeline

The onboarding process in Germany typically takes 15-20 calendar days, including:

  1. Platform Setup

  2. Right-to-Work Check

  3. Employment Contract Processing

  4. Benefits & Payroll Enrollment

Registration & Approvals

  • Employers must register employees with the German Social Security System.

Immigration & Visas

  • Omnipresent can support visa sponsorship.

  • EU citizens do not require work permits.

Right-to-Work Verification

  • Employers must verify work authorization before employment begins.

Employee Transfers from Another EOR

  • Transfers require careful compliance assessment and should be reviewed case-by-case.


6. Leaves

Leave Entitlements

  • Annual Leave: Minimum 20 days (for a 5-day workweek) under German law. Many employers offer 25-30 days.

  • Annual Leave Carryover: Generally not allowed, unless due to special circumstances (e.g., sick leave).

Maternity & Paternity Leave

  • Maternity Leave (Mutterschutz): 6 weeks before and 8 weeks after birth (100% salary paid by statutory health insurance).

  • Parental Leave (Elternzeit): Up to 3 years unpaid leave, with the option of parental allowance (Elterngeld).

Public Holidays

  • Varies by federal state (Bundesland) (9-14 public holidays per year).

Sick Leave

  • Employers must pay full salary for the first 6 weeks of illness.

  • After 6 weeks, statutory health insurance covers up to 70% of salary.


7. Payroll & Taxes

Payroll Cycle

  • Frequency: Monthly

  • Cut-off Date: 6th of each month.

  • Payment Date: Last working day of the month.

Compensation

  • No mandatory bonuses.

  • Christmas bonuses (Weihnachtsgeld) and vacation pay (Urlaubsgeld) are common but not required.

Minimum Wage

  • As of 2023: €12 per hour (subject to annual review).

Standard Work Schedule

  • 40 hours per week, Monday-Friday.

  • Maximum workweek: 48 hours (including overtime regulations).

Employer Costs

  • Estimated 20-25% of salary. Use the OmniCalculator for a detailed breakdown.


8. Termination Process

Notice Period

  • Minimum statutory notice (depends on tenure):

    • 0-6 months: 2 weeks

    • 7 months - 2 years: 1 month

    • 2-5 years: 2 months

    • 5+ years: 3 months

Termination Grounds

  • Strict labor protections apply.

  • Employers must provide valid reasons for dismissal (e.g., misconduct, redundancy).

Severance Pay

  • No mandatory severance unless specified in Collective Bargaining Agreements (Tarifvertrag).

  • Typical severance formula: 0.5 months' salary per year of service.


9. Invoice Schedule

Initial Fees

  • Setup Fees: Due upon signing Terms.

  • Deposit: Payable when the local employment contract is ready for signature.

  • First Salary Prepayment: Invoiced on the first day of employment.

Ongoing Monthly Payments

  • Labour costs invoiced monthly in arrears after payroll calculations.

  • Each invoice includes:

    • Monthly service fee

    • Deposit insurance (if applicable)

    • FX fee (if applicable)


10. Get Started with Omnipresent

We simplify international hiring, legal compliance, payroll, benefits, and more. Contact us to start your journey towards hassle-free global employment.

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