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Working in Germany

Share your experiences and ask your questions about visiting, getting around and working in Germany here.

Datum: 09.04.2012 17:44

How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 09.04.2012

(7)

Dear Forum Users,   We are a company in China and we have a branch company in HongKong. Recently we would like to hire a German to explore the Germany market for us. His working location is in Germany. But we don't have branch company in Europe. May I know that whether we can hire a German as a contractor or am employee? Which country labor law should we comply with ? How about the tax, medical insurance ? How do we pay for this employee ? Looking forward to the reply. Regards,   Ryan Li


Länderinteressen: Deutschland

Branchen: Medizintechnik, allgemein

Themen: Recht und Verträge

     
     

Datum: 10.04.2012 10:02 #1

Re: How to hire a German to work in Germany

Beiträge: 4

Mitglied seit: 10.04.2012

(0)

Ryan Li, I´m not a lawyer or in deep knowledge of this in legal matter but for me it sounds that the best way might be to contract a selfemployed german; Consultant, independant Sales Rep or whatever is the main target which should be fulfilled to get to know and enter the market and what kind of skills are needed in first place.

payment will be done by invoice however you both agreee in your contract and all social insurances are paid by the person himself.

If you are successfull growing you can open your own branch in Germany and then people can be contracted from this branch.(german company)

Hope this might be helpful and in case I can be of any further assistance please let me know.

Best regards

Matthias Pahlke

 


     
     

Datum: 23.03.2015 11:12 #2

Re: Re: How to hire a German to work in Germany

Beiträge: 7

Mitglied seit: 23.01.2012

(1)

Zitat
Dear Forum Users,   We are a company in China and we have a branch company in HongKong. Recently we would like to hire a German to explore the Germany market for us. His working location is in Germany. But we don't have branch company in Europe. May I know that whether we can hire a German as a contractor or am employee? Which country labor law should we comply with ? How about the tax, medical insurance ? How do we pay for this employee ? Looking forward to the reply. Regards,   Ryan Li

Dear Mr. Li,

you can find helpful information about hiring employees in Germany on the website of Germany Trade & Invest:

http://www.gtai.de/GTAI/Navigation/EN/Invest/Investment-guide/employees-and-social-security.html

If you have further questions about the topic, do not hesitate to contact the Germany Trade & Invest experts directly:

https://www.gtai.de/GTAI/Navigation/EN/_Meta/contact.html

Kind regards,

Veronica Lau
iXPOS Editorial Team


     
     

Datum: 11.04.2012 05:03 #3

Re: Re: Re: How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 09.04.2012

(0)

Zitat

Ryan Li, I´m not a lawyer or in deep knowledge of this in legal matter but for me it sounds that the best way might be to contract a selfemployed german; Consultant, independant Sales Rep or whatever is the main target which should be fulfilled to get to know and enter the market and what kind of skills are needed in first place.

payment will be done by invoice however you both agreee in your contract and all social insurances are paid by the person himself.

If you are successfull growing you can open your own branch in Germany and then people can be contracted from this branch.(german company)

Hope this might be helpful and in case I can be of any further assistance please let me know.

Best regards

Matthias Pahlke

 

Dear Matthias,

Thank you very much for your reply. It really helps!

We have a branch company in HongKong.If we hire this person under our HongKong Company, does this situation change? Can our HongKong company hire this person as a employee, but not a selfemployed person ?

Regards,

Ryan

 


     
     

Datum: 11.04.2012 05:06 #4

Re: Re: Re: Re: How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 09.04.2012

(1)

Zitat

Zitat
Dear Forum Users,   We are a company in China and we have a branch company in HongKong. Recently we would like to hire a German to explore the Germany market for us. His working location is in Germany. But we don't have branch company in Europe. May I know that whether we can hire a German as a contractor or am employee? Which country labor law should we comply with ? How about the tax, medical insurance ? How do we pay for this employee ? Looking forward to the reply. Regards,   Ryan Li

Dear Mr. Li,

you can find helpful information about hiring employees in Germany on the website of Germany Trade & Invest:

http://www.gtai.de/GTAI/Navigation/EN/Invest/Investment-guide/employees-and-social-security.html

If you have further questions about the topic, do not hesitate to contact the Germany Trade & Invest experts directly:

https://www.gtai.de/GTAI/Navigation/EN/_Meta/contact.html

Kind regards,

Verónica Lau
iXPOS Editorial Team

Dear Veronica,

Thanks a lot for your informaiton.'

Regards,

Ryan

 


     
     

Datum: 11.04.2012 14:44 #5

Re: Re: Re: Re: Re: How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 04.04.2012

(1)

Dear Ryan,
Generally, if you – as a company registered outside of Germany – hire an employee in Germany and said employee is meant to work in Germany on a permanent basis, cogent provisions of German employment law will apply (including the provisions on unlawful dismissal). This can be avoided – as Matthias implicated – by hiring a self-employed consultant, for example. However, whether a person is considered an employee or self-employed under German law is determined by the actual circumstances of how the person renders his services. If a ‘consultant’ does not qualify as self-employed, again, cogent provisions of German employment law will apply.
Kind regards,
Udo


     
     

Datum: 12.04.2012 09:44 #6

Re: Re: Re: Re: Re: Re: How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 09.04.2012

(1)

Zitat

Dear Ryan,
Generally, if you – as a company registered outside of Germany – hire an employee in Germany and said employee is meant to work in Germany on a permanent basis, cogent provisions of German employment law will apply (including the provisions on unlawful dismissal). This can be avoided – as Matthias implicated – by hiring a self-employed consultant, for example. However, whether a person is considered an employee or self-employed under German law is determined by the actual circumstances of how the person renders his services. If a ‘consultant’ does not qualify as self-employed, again, cogent provisions of German employment law will apply.
Kind regards,
Udo

 

Dear Udo,

 

If we hire a German as an employee, we need to pay the social security insurance for him, right? Then how do we process?

 

Regards,

 

Ryan


     
     

Datum: 13.04.2012 15:28 #7

Re: Re: Re: Re: Re: Re: Re: How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 04.04.2012

(3)

Hi Ryan,
Yes, if you hire an employee here in Germany you will regularly have to pay social security insurance for him. In Germany the medical insurance companies are responsible for collecting the social security contributions. You would want to contact your future employee’s medical insurance company. If the company has handled similar cases (of foreign employers hiring local employees) in the past they might already have everything set up.
Please, do not hesitate to contact me if you need any help.
Kind regards,
Udo


     
     

Datum: 26.04.2012 20:05 #8

Re: Re: Re: Re: Re: Re: Re: Re: How to hire a German to work in Germany

Beiträge: 4

Mitglied seit: 10.04.2012

(2)

I searched the net and couldn´t find the poss. that a not german based company can employ a german working in germany and be taxed and social insured and all in germany as this would mean you must be listed as an employee at all relevant institutions, which seem to be hard with a Hong Kong adress!? As far as I read it can be done via HR Agencies in the respective country. Also German companies who get people working in China seem to do i that way in China.

may be Udo knows better or other ways as I´ve never be involved in such matter, I guess;

you need to open a german subsidary - which  is an easy process in small scale (but in small scale not a serious employee for germans...) ltd. companies ask for an input of money.

work via an agency for the relevant governmental requests

or contract a selfemployed person

 

Would you eventually let me know why you wouldn´t like to work with a selfemployed, I´m curious as I am one myself:-)

for detailed research you can mail me at;  mp@mapalo.eu , on a selfemployed base only:-)

Best regatrds

Matthias


     
     

Datum: 01.05.2012 15:21 #9

Re: How to hire a German to work in Germany

Beiträge: 1

Mitglied seit: 01.05.2012

(2)

Dear Ryan,

you can´t hire someone without having a registered office in Germany. Even then you would need a tax consultant to support you locally.

I am interested to work for you: Register my own company and invoice you on a monthly basis. This keeps you free from registration, taxes, fees, German laws and regulationes etc.

Kindly let me know your business and if this could be an option for you. We could even expand it to other European countries. I have over 18 years experience in business development and establishing dealer networks.

Looking forward to your reply to my eMail kreis@kreis.de

Thanks and best regards  Christoph

 

 


     
     

Datum: 03.05.2012 11:41 #10

Re: Re: How to hire a German to work in Germany

Beiträge: 3

Mitglied seit: 04.04.2012

(2)

Hello all.
A foreign company can hire a German working in Germany. There is no need for a foreign company to register a German subsidiary (compare § 2 AEntG). A foreign company with employees in Germany will, however, regularly be required to provide an address in Germany where the relevant paperwork is available for inspection.
For practical reasons, I would agree with Matthias and Christoph. Hiring someone as independent consultant would, in my opinion, be the easiest option. Employing someone and engaging a tax consultant or a specialized company to take care of matters here in Germany, would, in my opinion, be the second best option.
Kind regards,
Udo