Contracting in Germany

AUG is a German labour-leasing licence required to engage in staff leasing in Germany and ensure that German and foreign contractors work compliantly under the German tax system.

With an AUG licence held by our AuG partner, we have the authorisation to carry out labour leasing activities in Germany and help corporations, recruitment agencies, and contractors take full advantage of the potential and flexibility of the German market.

• Ideal for temporary positions of less than an eighteen-month duration.
• It is the only solution where there is not sufficient independence for the contractor to be a freelancer (Freiberufler); there may be Scheinselbstständigkeit – disguised employment.
• Simple to set up and to end.
• AüG provides flexibility for the end-client, the recruitment business and the worker.
• Less expensive than setting up a German company.

A PEO or EOR enables organisations to employ staff lawfully in a country with no local entity.

As a global professional employer organisation (PEO) service provider, we enter into a joint-employment relationship with an employer by leasing employees to the employer. This arrangement allows us to share and manage many employee-related responsibilities and liabilities, such as onboarding, payroll and taxes, legal administration, employee health and retirement benefits and many more issues. At the same time, the client has day-to-day control of the employee.

Setting up a local company or branch is time-consuming and costly.

PEO is the fast, safe route to mobilising a workforce fast and leave the administration to us whose business it is.

Why choose us as your PEO service provider?

• We have eight offices and thirty group companies worldwide and work in league with local employment law specialists, tax advisers, immigration and payroll specialists and HR firms.
• Onboarding in as little as 48 hours.
• We make the salary payments and invoicing on time every time.
• We ensure total tax and employment compliance
• We help expand your business quickly, compliantly, and cost-effectively.

Pros

• Quick and straightforward to administer.
• Immediate compliance
• The employer may be able to sponsor work permits if they are needed.
• No qualifications are required.
• Employment offers employment protection to the worker with more onerous obligations on the employer and the client.
• The worker may be able to use an A1 to remain in the home social security system.
• The employed solution does away with the risk of deemed employment.

Cons

• The contract value must bear the employer social costs.
• Lower retentions.
• There are statutory notice periods under employment law, which can be lengthy.
• An employed person cannot claim the same range of tax-deductible expenses as can a self-employed person.
• There are other statutory employer obligations such as Equal Treatment and the Working Time Directive.

Pros

• There are no employer social charges to bear, so that the retentions tend to be higher.
• The contractor is freer to undertake other assignments if this is a consideration.
• The contractor is in business on their account as a career independent.
• Some income can be taken as dividends in the limited company, bringing down the overall tax and social security burden and tax timing.
• You may be able to use an A1 to remain in the home social security system.
• The limited company has limited liability, which the self-employed worker does not.
• The limited company is an enduring vehicle for independent contracting.
• The self-employed person can claim more business expenses than an employee.

Cons

• The self-employed person does not enjoy employment law protection, including Equal Treatment, freedom from unfair dismissal and statutory notice periods.
• The worker must complete a tax return and pay over their taxes.
• A self-employed person usually must register for VAT.
• The contractor must arrange their insurances as there is no employer to do that.
• The work security is limited to the contract terms agreed.
• If a self-employed work permit is needed, these are more difficult to obtain and take longer than employed ones.

We can apply for a blue card (employed work permit) for non-EU nationals. The conditions are:

• The contract must be for a minimum of 13 months
• The degree or diploma must be recognised by the German authorities (Anabin)
• A gross annual salary of at least EUR 44,304 (in 2021) is required for employees in mathematics, IT, natural sciences, engineering and human. In all other fields, there is a minimum gross annual salary of EUR 56,800.

An employed work permit takes between 2 to 6 weeks for approval.

Every person resident in Germany is obliged to hold appropriate health insurance. Employed persons can obtain this either through government-approved schemes or by taking private health insurance. At Access Financial, we partner with trusted insurance providers that can help you get the proper coverage.

If you would like to discover your tax and net retention in Germany, you can easily use our free online income calculator.