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Hiring in Germany

Mike Smirnov
AuthorMike SmirnovHead of Marketing
Anna Gvozdeva
EditorAnna GvozdevaHead of Content
Last updated 06.10.2026
Germany Europe
Currency Euro (EUR)
Language German
Capital Berlin
Minimum wage
€13.90 / hour
Average salary
€4,851 / month
Employer contributions
21.3%
Income tax
14–45%
Paid leave
20 days
Public holidays
Up to 13
Probation
up to 6 months
Notice period
4 weeks – 7 months

General information, not legal or tax advice — confirm with a local adviser before you act.

Contents

You can hire in Germany in three ways:

  • Your own German entity.
  • An employer of record, legal here only as employee leasing under the AÜG (Arbeitnehmerüberlassungsgesetz, the Temporary Employment Act).
  • Contractors, where the real working relationship decides the status.

You can also register employees for German social insurance directly, without an entity. For employees, plan around employer contributions of 21.3% of gross pay and a statutory minimum wage of €13.90 / hour.

Three ways to hire in Germany

The right route depends on how many people you hire, for how long, and whether they work in Germany.

RouteLegal employerWhat you pay on top of salaryHow you end it
Your own entityYour German GmbH or UG. A GmbH needs €25,000 share capital; a UG may be founded with less. Without an entity: you, registered as a foreign employer for German social insuranceEmployer contributions of 21.3% of gross (see Taxes and contributions below)Statutory notice of 4 weeks – 7 months, plus dismissal protection after six months
Employer of recordThe provider, which is a lender of staff under the AÜG and needs a permitThe same 21.3% contributions flow through into the price, plus the provider's fee. Fee levels differ by providerThe same dismissal law applies with the provider as employer, notice 4 weeks – 7 months. The same worker cannot stay with the same client longer than 18 months
ContractorNone; the contractor is self-employedNo employer contributions if the status is genuineService-contract notice, which depends on how the pay is measured. If the status fails, contributions fall back on you: about €30,450 over 12 months at €6,141 monthly pay

Can you hire in Germany without a German company?

Yes. You register your employees for German social insurance as a foreign employer and pay contributions as if your company were based in Germany. When each job starts, you report the employee to the collection agency.

Wage tax is a separate question. The duty to withhold it falls on an employer with a permanent establishment or permanent representative in Germany. Without either, you do not withhold it.

International clients often are unaware of the fact that an own German legal entity is not required to directly hire their own employees in Germany.

— Taylor Wessing Germany employment team, Taylor Wessing, 6 May 2025

No official duration exists for the registration. Whether an employee's home office creates a permanent establishment is answered in the registration section below.

When an employer of record is legal here

An employer of record is legal in Germany as employee leasing (Arbeitnehmerüberlassung). The provider employs the worker and leases them to you, and it needs a permit from the Federal Employment Agency.

Taylor Wessing's employment team adds that German law has no concept of a co- or dual employment relationship. Whether the permit applies depends on where the work is done.

The employee works in Germany. The permit requirement applies, including when the person also works online from abroad. Three rules follow from it:

  • The same worker may stay with you for at most 18 consecutive months.
  • Earlier assignments count if the gap between them is three months or less.
  • The leased worker is entitled to your essential working conditions, including pay.

The employee stays abroad and works only online for you. The Federal Employment Agency's guidance, valid from 1 July 2026, says the permit requirement does not reach this case, for lack of a sufficient domestic link.

That is the agency's reading, not a statute, and no supreme-court ruling exists yet.

The employer of record page covers licences, costs and the limits of the model.

When contractors are the right route

Contractors fit when the person is not bound by your instructions and is not integrated into your work organisation. Social security law uses these two indicators for employment.

The contract label does not decide it if the actual performance shows an employment relationship.

The Federal Social Court's ruling of 28 June 2022 (B 12 R 3/20 R, "Herrenberg") reset the test. A music-school teacher whose contract said self-employed was held to be in dependent employment.

She was integrated into the school's organisation and had almost no entrepreneurial freedom.

The contractors page works through the test in full.

The German labour market and what people earn

Full-time employees in Germany earned €4,851 / month gross on average in 2025, excluding special payments such as bonuses, according to Destatis, the federal statistics office.

An average hides the spread, so look at three more measures:

  • Median annual gross, including special payments: €54,066. Half of full-time employees earned less.
  • Arithmetic mean: €64,441, higher because the top earners pull it up.
  • Bottom and top 10%: the bottom 10% earned €33,828 a year or less, the top 10% €100,719 or more.

For your hiring budget, start from the figure for your own sector rather than the whole-economy number. The sectors sit far apart.

Salary reference points

Average full-time monthly gross, all sectors, 2025 (excluding special payments)€4,851Destatis
Average full-time monthly gross, April 2025: whole economy€4,784Destatis
Average full-time monthly gross, April 2025: information and communication€6,141Destatis
Average full-time annual gross, 2025 (including special payments): information and communication€86,638Destatis
Average full-time annual gross, 2025 (including special payments): whole economy€64,441Destatis
Median annual gross, full-time, 2025€54,066Destatis
Bottom 10% / top 10% of full-time employees, annual gross, 2025€33,828 or less / €100,719 or moreDestatis
Full-time minimum wage, 2026 (€13.90 × 173.33 hours, which is 40 h × 52 weeks ÷ 12)€2,409.29 a monthBMAS
Bar chart of full-time gross annual earnings in Germany in 2025: bottom 10 percent 33,828 euros, median 54,066, mean 64,441, top 10 percent 100,719.
Gross annual earnings of full-time employees, 2025, including special payments. Bottom 10% and top 10% are the thresholds at which those groups start or end. Destatis, press release on 2025 earnings

Sector moves pay most. In April 2025 information and communication averaged €6,141 a month against €4,784 for the whole economy, and the annual figures show the same gap.

These are employee gross figures. A contractor's day rate is a different calculation, covered on the contractors page.

Registering as an employer, step by step

To register as an employer you need an establishment number, an accident-insurer notice and a social-insurance report for each employee. No authority publishes a total duration for the process.

StepWhat happensTakes
1. Choose entity or direct registrationFound a GmbH, which needs €25,000 share capital (a UG needs less), or register employees directly as a foreign employerNo official duration
2. Betriebsnummer (employer number)Apply electronically to the Federal Employment Agency, for each place of employment, to take part in social-insurance reportingNo official duration published
3. Accident insurerNotify the statutory accident insurer of the type of business and the number of insured personsWithin one week of starting operations
4. Written contract termsHand the employee the written essential terms, some on the first day, others by the seventh day, the rest within one month. Electronic form alone is not enough. A missing or late document is a fineable offence of up to €2,000Day 1, day 7 or one month, by term
5. Report the employeeReport each insured employee to the collection agency (Einzugsstelle) when insured employment begins, and again when it endsAt the start of employment; the filing deadline is set in the reporting ordinance (DEÜV)
6. Monthly contributionsPay social-insurance contributions in expected amountThird-last bank working day of the month in which the work was done
7. Wage tax returnFile the return and pay the withheld tax to the establishment's tax office; only where a permanent establishment existsBy the 10th day after each reporting period
TotalStatutes give deadlines only. Do not plan on vendor claims of daysNo official total
Process chart: apply for a Betriebsnummer, notify the accident insurer within one week, report each employee at start, pay contributions on the third-last bank working day, file the wage tax return by the 10th.
Typical order of the statutory employer duties and their deadlines. The wage-tax step applies only where you have a permanent establishment in Germany. Federal statutes: SGB IV, SGB VII, EStG

Five statutory duties in order, with their deadlines. No official source gives a processing time for any step.

Does one remote employee create a permanent establishment?

A single employee working from home in Germany regularly does not create a permanent establishment for your company.

Rödl & Partner and the DIHK read the Federal Ministry of Finance letter of 18 June 2026 that way: the employer has no power of disposal over the employee's home.

Rödl & Partner commented on the letter on 29 June 2026:

Inbound cases: a permanent establishment regularly does not exist, for lack of power of disposal.

— Diana Fischer, Partner and tax adviser, and Dr. Beate Wohlfahrt, Associate Partner, Rödl & Partner (translated from German)

The exception is a management function exercised from the home office. The chamber of commerce association DIHK says it remains unclear which activities count as management functions.

The wage-tax withholding duty follows the permanent establishment. Where none exists, step 7 falls away and the social-insurance steps remain.

Hiring and onboarding in Germany

You can use fixed or open-ended contracts, but written terms, probation limits and dismissal protection are set by statute.

Legal limits on the contract

The thresholds table in the termination section below shows how these limits combine.

Onboarding checklist

  1. Decide between your own entity and direct registration as a foreign employer.
  2. Apply for the Betriebsnummer (employer number) for each place of employment.
  3. Notify the statutory accident insurer within one week of starting operations.
  4. Give the written contract terms: the first set on day 1, the next by day 7, the rest within one month.
  5. Report the employee to the collection agency (Einzugsstelle) when insured employment begins.
  6. Set payroll to the contribution rates and ceilings in the Taxes and contributions section.
  7. Set up wage-tax withholding only if you have a permanent establishment in Germany.
  8. Enter the leave entitlement of 20 days on a five-day week.
  9. Diary the end of probation: two weeks' notice applies until then, and dismissal protection starts after six months.

Visas and work permits for non-EU hires

A skilled worker from outside the EU usually needs a residence title. The EU Blue Card sets a minimum salary tied to the annual pension contribution ceiling.

Blue Card, general threshold50% of the annual pension ceiling: €50,700 in 2026AufenthG § 18g
Blue Card, shortage occupations and recent graduates45.3% of the ceiling: €45,934.20 in 2026, with Federal Employment Agency approvalAufenthG § 18g
Accelerated skilled-worker procedureEmployers can apply at the immigration authority, under an agreement with itAufenthG § 81a
2027 thresholds (draft)€53,100 and €48,108.60, if the draft 2027 pension ceiling of €106,200 is adoptedBMAS draft

Both thresholds are percentages of the ceiling, so they move whenever the ceiling moves. The 2027 figures are not law: the ordinance that sets the ceiling is still a draft.

No processing time is published for a Blue Card or a skilled-worker visa. Agree your start date with the immigration authority rather than from a general estimate.

Minimum wage in Germany

The statutory minimum wage is €13.90 / hour since 1 January 2026. It rises to €14.60 from 1 January 2027 under the same ordinance.

Current rate€13.90 / hour, since 1 January 2026BMAS
2027 rate€14.60 / hour, from 1 January 2027BMAS
Full-time monthly equivalent, 2026€2,409.29 (40 h × 52 weeks ÷ 12)BMAS, calculated
Full-time monthly equivalent, 2027€2,530.62, which is 5.04% moreBMAS, calculated
Fine for not paying, or not paying on timeUp to €500,000MiLoG § 21
Next adjustmentThe Minimum Wage Commission decides every two years; the next decision falls in 2027, for the rate from 1 January 2028MiLoG § 9
Line chart of the German statutory minimum wage per hour: 9.50 euros in January 2021, 12.00 in October 2022, 12.82 in 2025, 13.90 in 2026 and 14.60 scheduled for 2027.
Gross euros per hour at each step. The €12 statute of October 2022 superseded the July 2022 step to €10.45. The January 2027 rate is set by ordinance and not yet in force. BMAS, minimum wage from 1 January 2026 · Federal law: MiLoG and ordinances

The rate rises from €9.50 in January 2021 to €14.60 in January 2027. The 2027 step is set but not yet in force. The same steps in a table:

1 January 2021€9.50BMAS, MiLoV3
1 July 2021€9.60BMAS, MiLoV3
1 January 2022€9.82BMAS, MiLoV3
1 July 2022€10.45, overtaken by the €12 statute on 1 October 2022BMAS, MiLoV3
1 October 2022€12.00MiLoG § 1
1 January 2024€12.41MiLoV4
1 January 2025€12.82MiLoV4
1 January 2026€13.90BMAS
1 January 2027€14.60BMAS

Mini-jobs follow the minimum wage. The monthly earnings limit is €603 in 2026 because of the €13.90 rate.

A bill the cabinet adopted on 30 September 2026 would require you to pay long-term-care contributions on mini-job earnings from 1 January 2028.

If you use leased workers under the AÜG, the Seventh Ordinance on a wage floor in employee leasing sets their own floor:

  • €14.96 an hour from 1 July 2026
  • €15.33 from 1 September 2026
  • €15.87 from 1 April 2027

The employer of record page covers how it applies.

Taxes and contributions

You pay 21.3% of gross: four social-insurance branches and the insolvency levy, each capped by one of two monthly ceilings. Income tax is withheld from the employee and runs 14–45%.

Income tax for the employee

The 2026 tariff taxes nothing up to a basic allowance (Grundfreibetrag) of €12,348. From there the rate starts at 14% and rises by formula through two zones to 42% from €69,879.

A rate of 45% applies above €277,826. Solidarity surcharge and church tax come on top.

A government bill dated 4 September 2026 (Bundesrat document 507/26) would change this from 1 January 2027:

  • The allowance would rise to €12,564.
  • The 42% band would start at €70,601.
  • The 45% rate would apply from €250,000.
  • A new 47% band would start at €280,000.

It is a bill, not law.

Contribution rates and ceilings

BranchEmployer shareCeiling per month
Pension9.3% (half of 18.6%)€8,450
Unemployment1.3% (half of 2.6%)€8,450
Health8.75%: 7.3% plus half of the 2.9% average additional contribution€5,812.50
Long-term care1.8% outside Saxony€5,812.50
Insolvency levy0.15%Assessed on pay subject to pension insurance, so €8,450

The four insurance branches make 21.15%; the 0.15% insolvency levy brings your statutory share to 21.3%.

Each health insurer sets its own additional rate. Techniker Krankenkasse, for example, charges 2.69% in 2026.

Employees without children aged 23 or over pay an extra 0.6% in long-term care on their own, which does not change your cost.

What an employee actually costs you

Your contributions stop growing once pay passes the ceilings, so the percentage you pay on top falls as salary rises:

  • Below €5,812.50 a month: you pay 21.3% of gross.
  • Between €5,812.50 and €8,450: the health and care parts stop growing, while pension and unemployment continue.
  • From €8,450 upward: you pay at most €1,521.60 a month, whatever the salary.
Gross per monthEmployer contributionsShare of grossTotal monthly costTotal annual cost
€2,409.29 (full-time minimum wage)€513.1721.3%€2,922.46€35,069.52
€4,851 (average salary)€1,033.2621.3%€5,884.26€70,611.12
€6,141 (information and communication average)€1,273.3720.74%€7,414.37€88,972.44
€8,393.25 (top-decile pay, €100,719 ÷ 12)€1,515.4918.06%€9,908.74€118,904.88
€12,000 (illustrative senior salary)€1,521.6012.68%€13,521.60€162,259.20
€20,000 (illustrative executive salary)€1,521.607.61%€21,521.60€258,259.20

The table uses the 2026 rates and ceilings from Deutsche Rentenversicherung Nord, outside Saxony. It excludes voluntary benefits and provider fees.

Bar chart comparing monthly gross pay with employer contributions at 2,409, 4,851, 6,141, 8,393 and 12,000 euros gross; contributions stop growing at about 1,522 euros.
Monthly euros, 2026 rates, outside Saxony, at full-time minimum wage, average, IT average, top-decile and an illustrative 12,000 euro salary. Excludes accident insurance and voluntary benefits. Deutsche Rentenversicherung, 2026 contribution ceilings
Line chart: employer contributions are 21.3 percent of gross up to 5,812.50 euros a month, then fall to 18.01 percent at 8,450, 12.68 at 12,000 and 7.61 at 20,000 euros.
Employer contributions divided by monthly gross pay, 2026 rates, outside Saxony. The share falls because contributions are capped at the monthly ceilings. Deutsche Rentenversicherung, 2026 contribution ceilings

Contributions flatten at about €1,522 a month from €8,450 of gross pay. As a share of gross: 21.3% up to €5,812.50, then 18.01% at €8,450, 12.68% at €12,000 and 7.61% at €20,000.

A senior hire costs far more in absolute terms but carries a much lower percentage on top.

On the average salary, an employee costs you about €307 per working day. On the information-and-communication average the cost is about €387, before sick days and benefits.

Both divide the annual cost by 230 working days: 260 weekdays less 20 leave days and 10 public holidays (the Hesse count; states have between 10 and 13).

Set that day cost against a contractor's day rate when you choose a route. The contractors page covers the other side.

Two items sit on top of 21.3% and have no single national figure. Accident insurance is owed by the employer alone. The sick-pay and maternity levies (U1 and U2) are set by the insurer. Ask your insurer for both.

What changes on 1 January 2027

The 2027 ceilings are a draft. A BMAS draft ordinance would raise:

  • the pension and unemployment ceiling from €8,450 to €8,850;
  • the health and care ceiling from €5,812.50 to €6,375 a month.

The federal government must adopt the ordinance and the Bundesrat must consent.

The health ceiling for 2027 is already tied by law to the compulsory-insurance threshold plus €3,600 a year, in force since 30 July 2026. At 2026 rates the draft ceilings would raise your maximum monthly employer contribution by €102.34.

If you pay people above the current ceilings, you pay more. Pay below €5,812.50 is unaffected by the ceiling change. The 2027 additional health rate and pension rate are not yet set.

Working time and overtime

The Working Time Act limits the working day to eight hours. It allows up to ten hours only if the average of eight hours a working day is kept within six calendar months or 24 weeks.

So ten-hour days are legal in Germany, with that condition. An employee who works ten hours one day must work shorter days elsewhere in the 24-week or six-month window, so that the average stays at eight hours.

A ministry draft to amend the Act, leaked on 18 June 2026, would tie a weekly limit instead of a daily one to a collective agreement, or to a works agreement based on one.

The draft keeps electronic time recording. It is not law, so no weekly hour limit applies on the strength of it.

A government tax bill would also raise the tax-free cap on Sunday and holiday supplements to €75, while night work stays at €50. The bill would apply from 2027 and is not yet law.

Leave, sick pay and parental leave

Statutory annual leave is 24 working days counted on a six-day week, which is 20 days on a five-day week, under the Federal Leave Act.

Public holidays are set by each state's own law. Up to 13 apply, depending on where the employee works: Bavaria has 13 in Catholic municipalities, the most of any state, and Hesse has 10.

Sick pay

You pay sick pay for up to six weeks of incapacity for work. The entitlement arises after four weeks of uninterrupted employment, so an employee who falls ill in the first month has no claim against you yet.

Maternity and parental leave

Maternity protectionSix weeks before and eight weeks after birth; twelve weeks after for premature or multiple birthsMuSchG § 3
Employer top-upThe difference between €13 a day and the average net daily pay of the last three months before the protection periodMuSchG § 20
Parental leave (Elternzeit)Until the child's third birthday; up to 24 months can be taken between the third and eighth birthdaysBEEG § 15

Termination: notice periods and what ending a job costs

Employer notice runs from 4 weeks – 7 months depending on tenure, and after the first stage it always ends at the end of a calendar month.

TenureEmployer notice
Under 2 years4 weeks, to the 15th or the end of a calendar month
2 years1 month
5 years2 months
8 years3 months
10 years4 months
12 years5 months
15 years6 months
20 years7 months

Employee notice may not be longer than the employer's, and a collective agreement can set different periods, by sector or otherwise (BGB § 622).

Bar chart of the employer's notice period in Germany: 1 month after 2 years of service, 2 after 5, 3 after 8, 4 after 10, 5 after 12, 6 after 15 and 7 months after 20 years.
Statutory notice the employer must give, to the end of a calendar month. Below 2 years of service the basic period is 4 weeks, to the 15th or end of a month. Civil Code, section 622

Notice grows by about a month for every two to five years of service, from one month at two years to seven months at twenty.

Probation and dismissal protection

During probation of up to 6 months, either side can end the contract with two weeks' notice.

After six months of continuous employment, a dismissal must be socially justified, but that protection applies only in establishments with more than ten employees.

Every dismissal must be in writing. Where a works council exists, you must hear it first, and a dismissal without that hearing is invalid.

Severance

German law gives no general right to severance. One case creates it: you dismiss for operational reasons, offer severance in the dismissal letter, and the employee does not sue.

The amount is half a month's pay per year of service. At the €4,851 average, that is:

  • €4,851 after 2 years
  • €12,127.50 after 5 years
  • €24,255 after 10 years

The offer is optional by design, and these figures are not a ceiling on a negotiated settlement. Notice is salary for the notice period, not an extra on top of severance.

What triggers at what size

4 weeks of employmentThe employee's sick-pay entitlement arisesEntgFG § 3
Day 1, day 7, one monthWritten contract terms are due, by itemNachwG § 2
5 permanent eligible employeesA works council can be electedBetrVG § 1
6 months of employmentGeneral dismissal protection beginsKSchG § 1
More than 10 employeesDismissal protection applies to the establishment, for employment that began after 31 December 2003KSchG § 23
Any dismissalThe works council must be heard, where one existsBetrVG § 102

These thresholds work together: dismissal protection needs both six months of service and an establishment above ten employees.

If you have ten or fewer employees, you are outside general dismissal protection. The writing requirement and notice periods still apply.

Recent changes in German labour law

The changes in force in 2026 are the €13.90 minimum wage and the 2026 contribution ceilings; most 2027 items are still drafts. Each item carries its status: in force, adopted, bill or draft.

  • Since 1 January 2026 (in force): minimum wage of €13.90 / hour, ceilings of €8,450 and €5,812.50, and a pension rate that stays at 18.6%.
  • In force, Aktivrente: employment income of up to €24,000 a year is income-tax exempt after the statutory retirement age, provided the employer pays pension contributions.
  • 7 June 2026 (deadline missed): Germany did not transpose the EU Pay Transparency Directive on time. In July 2026 the government said the lead ministry was still clarifying individual questions before starting the legislative process.
  • Pay transparency (adviser views): Baker McKenzie wrote on 24 September 2026 that no draft has been published and implementation is not expected before early 2027. Addleshaw Goddard expects first reporting obligations in June 2028.
  • 18 June 2026 (letter): the Federal Ministry of Finance letter on home-office permanent establishments, covered in the registration section.
  • 18 June 2026 (draft): the leaked Working Time Act draft described in the working-time section. It is not law.
  • 1 July 2026 (in force): the Federal Employment Agency's leasing guidance on online work from abroad, and the first step of the wage floor for leased workers, €14.96 an hour.
  • 30 July 2026 (in force): the GKV-Beitragssatzstabilisierungsgesetz, which ties the 2027 health ceiling to the compulsory-insurance threshold plus €3,600 a year.
  • 30 September 2026 (cabinet bill): the Pflegeneuordnungsgesetz bill would raise the childless surcharge in long-term care by 0.3 points, to 0.9 in total, from 1 January 2027. Employees pay it alone, so your cost does not change.
  • 2 December 2026 (deadline): transposition deadline for the EU Platform Work Directive. The labour ministry said in April 2026 that it was drafting the bill; no bill text has been published.
  • 1 January 2027 (adopted ordinance): minimum wage of €14.60 / hour.
  • 1 January 2027 (draft): social-insurance ceilings of €8,850 and €6,375 under a draft ordinance, and the income-tax changes in the government bill: allowance of €12,564 and a 47% band from €280,000.
  • 2027 (e-invoice transition, in force by statute): paper and other non-structured invoices remain allowed alongside e-invoices only for domestic businesses with prior-year turnover up to €800,000.
  • Status reform, announced 3 March 2026: the government said it was preparing a reform of status determination for the self-employed. The contractors page covers the substance.
  • Status reform, 26 March 2026 (ministry draft): the draft (Referentenentwurf) would apply from 1 January 2028. It has not reached cabinet, the Bundestag or the Bundesrat. Bird & Bird considers it unlikely to pass in its current form.
  • 1 January 2028 (bill): long-term-care contributions on mini-jobs, under the same Pflegeneuordnungsgesetz bill.
  • 1 January 2028 (in force by statute): partial incapacity for work becomes possible under the GKV law, with the employer to answer within seven calendar days.
  • 1 January 2028 (in force by statute): e-invoices become mandatory for all domestic business-to-business turnover.
  • 1 January 2028 (in force by statute): corporation tax falls from 15% to 14% for 2028 and reaches 10% from 2032, which matters for the own-entity route.

The additional health rate and the pension rate for 2027 are not yet set. Costs for pay above €5,812.50 a month will change if the ceilings ordinance is adopted.

What a mistake costs and who pays

Most penalties land on the employer or the client, and back contributions can be claimed for years after the mistake.

PartyRiskAmount
EmployerNot paying the minimum wage, or paying lateFine of up to €500,000
EmployerMissing or late written contract termsFine of up to €2,000
EmployerWithholding the employee's share of social-insurance contributionsUp to five years' imprisonment or a fine
ClientUsing the worker of an unlicensed lender, as set out in the AÜG penalty provisionFine of up to €30,000
Provider (lender)Leasing the same worker beyond 18 months, under the same penalty provisionFine of up to €30,000
Provider (lender)Not granting a leased worker equal treatment under AÜG § 8Fine of up to €500,000
ClientLetting a leased foreign worker without the required work permit workFine of up to €500,000
ClientContract with an unlicensed lenderThe contracts are void and an employment relationship with the client is deemed to arise
ClientA contractor reclassified as an employeeBack contributions of about €30,450 over 12 months at €6,141 monthly pay, plus a 1% surcharge for each started month of arrears

The reclassification amount counts the employer and employee shares on €6,141 a month with the health and care ceiling applied. It excludes the surcharge and fines.

Over 24 months it comes to about €60,901, and over 48 months to about €121,802.

Limitation is four years after the end of the calendar year in which the contributions fell due, and thirty years if they were withheld intentionally.

The 1% surcharge is not levied on a retroactive claim if the debtor shows he was unaware of the duty through no fault of his own.

Most of that burden stays with you as the client. You can recover the employee's share from the worker only by deducting it from the next three pay payments, unless the omission was not the employer's fault.

The contractors page sets out how status is tested and what the full reclassification exposure looks like.

Questions people actually ask

What is the minimum wage in Germany per hour and per month?

The statutory minimum wage is €13.90 / hour since 1 January 2026. For full-time work at 40 hours a week that is €2,409.29 gross a month. It rises to €14.60 an hour on 1 January 2027 (€2,530.62 a month).

Can a foreign company hire in Germany without setting up a company?

Yes. A foreign employer can register its employees for German social insurance directly and pay contributions as if it were a German company. It withholds wage tax only if it has a permanent establishment or permanent representative in Germany.

How much does an employer pay on top of a German salary?

Employer social contributions are 21.3% of gross, including the 0.15% insolvency levy. They are capped by ceilings, so at €12,000 a month the employer pays €1,521.60, the monthly maximum, which is 12.68% of gross.

What is the average salary in Germany?

Full-time employees earned €4,851 gross a month on average in 2025, excluding special payments. The median annual gross including special payments was €54,066. Information and communication averaged €6,141 a month in April 2025.

Can you be fired without warning in Germany?

Not as a rule. Probation allows two weeks' notice; after that the employer's notice runs from 4 weeks to 7 months by tenure. A dismissal must be in writing, and where a works council exists it must be heard first.

Is it legal to work 10 hours a day in Germany?

Yes. A working day may run to ten hours if the average stays at eight hours a working day over six calendar months or 24 weeks. A ministry draft would change this, but it is not law.

How many vacation days are required in Germany?

The statutory minimum is 24 working days on a six-day week, which is 20 days on a five-day week. Public holidays come on top and vary by state: Hesse has 10 and Bavaria has up to 13 in Catholic municipalities.

What is the new law in Germany in 2026?

The main enacted changes are the €13.90 minimum wage and the 2026 contribution ceilings. The 2027 ceilings, income-tax bands and the status reform for the self-employed are still drafts. The Recent changes section lists each one with its status.

Sources

  1. Federal Ministry of Justice. Arbeitnehmerüberlassungsgesetz (AÜG), § 1 Erlaubnispflicht. Accessed 6 October 2026.
  2. Federal Ministry of Labour and Social Affairs (BMAS). Mindestlohn steigt zum 1. Januar 2026. Accessed 6 October 2026.
  3. Federal Ministry of Justice. GmbHG, § 5 Stammkapital. Accessed 6 October 2026.
  4. Federal Ministry of Justice. BGB, § 622 Kündigungsfristen bei Arbeitsverhältnissen. Accessed 6 October 2026.
  5. Federal Ministry of Justice. KSchG, § 1 Sozial ungerechtfertigte Kündigungen. Accessed 6 October 2026.
  6. Federal Ministry of Justice. BGB, § 621 Kündigungsfristen bei Dienstverhältnissen. Accessed 6 October 2026.
  7. Rizzo & Associates. Registration as foreign employer in Germany for remote workers. Accessed 6 October 2026.
  8. Federal Ministry of Justice. SGB IV, § 28a Meldepflicht. Accessed 6 October 2026.
  9. Federal Ministry of Justice. EStG, § 38 Erhebung der Lohnsteuer. Accessed 6 October 2026.
  10. Taylor Wessing. 10 pitfalls when using an EOR in Germany, 6 May 2025. Accessed 6 October 2026.
  11. Federal Employment Agency. Fachliche Weisungen zum Arbeitnehmerüberlassungsgesetz. Accessed 6 October 2026.
  12. Federal Ministry of Justice. AÜG, § 8 Grundsatz der Gleichstellung. Accessed 6 October 2026.
  13. Federal Ministry of Justice. SGB IV, § 7 Beschäftigung. Accessed 6 October 2026.
  14. Federal Ministry of Justice. BGB, § 611a Arbeitsvertrag. Accessed 6 October 2026.
  15. Deutsche Rentenversicherung. Herrenberg-Urteil: Was ist das?. Accessed 6 October 2026.
  16. Destatis. Bruttomonatsverdienste nach Branchen. Accessed 6 October 2026.
  17. Destatis. Press release 113/2026 on 2025 earnings. Accessed 6 October 2026.
  18. Destatis. Bruttomonatsverdienste, Stichmonat April. Accessed 6 October 2026.
  19. Destatis. Bruttojahresverdienst. Accessed 6 October 2026.
  20. Federal Ministry of Justice. SGB IV, § 18i Betriebsnummer. Accessed 6 October 2026.
  21. Federal Ministry of Justice. SGB VII, § 192 Mitteilungspflichten des Unternehmers. Accessed 6 October 2026.
  22. Federal Ministry of Justice. NachwG, § 2 Nachweispflicht. Accessed 6 October 2026.
  23. Federal Ministry of Justice. NachwG, § 4 Bußgeldvorschriften. Accessed 6 October 2026.
  24. Federal Ministry of Justice. SGB IV, § 23 Fälligkeit. Accessed 6 October 2026.
  25. Federal Ministry of Justice. EStG, § 41a Anmeldung und Abführung der Lohnsteuer. Accessed 6 October 2026.
  26. Rödl & Partner. BMF-Schreiben zum Betriebsstättenbegriff, 29 June 2026. Accessed 6 October 2026.
  27. DIHK. BMF veröffentlicht Verwaltungsgrundsätze zu Betriebsstätten. Accessed 6 October 2026.
  28. Federal Ministry of Justice. BGB, § 623 Schriftform der Kündigung. Accessed 6 October 2026.
  29. Federal Ministry of Justice. KSchG, § 23 Geltungsbereich. Accessed 6 October 2026.
  30. Federal Ministry of Justice. BetrVG, § 1 Errichtung von Betriebsräten. Accessed 6 October 2026.
  31. Federal Ministry of Justice. BetrVG, § 102 Mitbestimmung bei Kündigungen. Accessed 6 October 2026.
  32. Federal Ministry of Justice. AufenthG, § 18g Blaue Karte EU. Accessed 6 October 2026.
  33. Federal Ministry of Justice. AufenthG, § 81a Beschleunigtes Fachkräfteverfahren. Accessed 6 October 2026.
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  35. Federal Ministry of Justice. MiLoG, § 21 Bußgeldvorschriften. Accessed 6 October 2026.
  36. Federal Ministry of Justice. MiLoG, § 9 Mindestlohnkommission. Accessed 6 October 2026.
  37. Federal Ministry of Justice. MiLoG, § 1 Mindestlohn. Accessed 6 October 2026.
  38. Federal Ministry of Labour and Social Affairs (BMAS). Dritte Mindestlohnanpassungsverordnung (MiLoV3). Accessed 6 October 2026.
  39. Federal Ministry of Justice. Vierte Mindestlohnanpassungsverordnung (MiLoV4). Accessed 6 October 2026.
  40. Deutsche Rentenversicherung. Verdienstgrenzen im Minijob und Midijob steigen, 23 February 2026. Accessed 6 October 2026.
  41. Federal Ministry of Health. Kabinettsentwurf Pflegeneuordnungsgesetz. Accessed 6 October 2026.
  42. Federal Government. Pflegeneuordnungsgesetz. Accessed 6 October 2026.
  43. Federal Ministry of Justice. Siebte Verordnung über eine Lohnuntergrenze in der Arbeitnehmerüberlassung, § 2. Accessed 6 October 2026.
  44. Federal Ministry of Justice. EStG, § 32a Einkommensteuertarif. Accessed 6 October 2026.
  45. Bundesrat. Drucksache 507/26, Entwurf eines Einkommensteuerreformgesetzes. Accessed 6 October 2026.
  46. Deutsche Rentenversicherung Nord. Änderungen in der Rentenversicherung zum 1. Januar 2026. Accessed 6 October 2026.
  47. Federal Government. Beitragsbemessungsgrenzen 2026. Accessed 6 October 2026.
  48. Federal Ministry of Justice. SGB III, § 341 Beitragssatz. Accessed 6 October 2026.
  49. Federal Ministry of Justice. SGB V, § 241 Allgemeiner Beitragssatz. Accessed 6 October 2026.
  50. GKV-Spitzenverband. Pressemitteilung zum durchschnittlichen Zusatzbeitragssatz. Accessed 6 October 2026.
  51. Techniker Krankenkasse. PV-Beitrag 2025. Accessed 6 October 2026.
  52. Federal Ministry of Justice. SGB III, § 360 Umlagesatz. Accessed 6 October 2026.
  53. Techniker Krankenkasse. Aktuelle Beitragssätze in der Sozialversicherung 2026. Accessed 6 October 2026.
  54. Federal Ministry of Justice. SGB VII, § 150 Beitragspflichtige. Accessed 6 October 2026.
  55. Bundesgesetzblatt. GKV-Beitragssatzstabilisierungsgesetz, BGBl. 2026 I Nr. 228. Accessed 6 October 2026.
  56. Federal Ministry of Justice. ArbZG, § 3 Arbeitszeit der Arbeitnehmer. Accessed 6 October 2026.
  57. Freshfields. Rückschritt bei der Arbeitszeitreform, June 2026. Accessed 6 October 2026.
  58. Federal Ministry of Justice. BUrlG, § 3 Dauer des Urlaubs. Accessed 6 October 2026.
  59. City of Munich. Feiertage in Bayern 2026 und 2027. Accessed 6 October 2026.
  60. umwelt-online. Hessisches Feiertagsgesetz. Accessed 6 October 2026.
  61. Federal Ministry of Justice. EntgFG, § 3 Anspruch auf Entgeltfortzahlung im Krankheitsfall. Accessed 6 October 2026.
  62. Federal Ministry of Justice. MuSchG, § 3 Schutzfristen. Accessed 6 October 2026.
  63. Federal Ministry of Justice. MuSchG, § 20 Zuschuss zum Mutterschaftsgeld. Accessed 6 October 2026.
  64. Federal Ministry of Justice. BEEG, § 15 Anspruch auf Elternzeit. Accessed 6 October 2026.
  65. Federal Ministry of Justice. KSchG, § 1a Abfindungsanspruch bei betriebsbedingter Kündigung. Accessed 6 October 2026.
  66. Federal Ministry of Justice. EStG, § 3 Steuerfreie Einnahmen. Accessed 6 October 2026.
  67. German Bundestag. Entgelttransparenzrichtlinie, Kurzmeldung hib. Accessed 6 October 2026.
  68. Baker McKenzie. Germany: missed Pay Transparency Directive implementation deadline, 24 September 2026. Accessed 6 October 2026.
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  72. IHK Stuttgart. E-Rechnungen. Accessed 6 October 2026.
  73. German Bundestag. Reform des Statusfeststellungsverfahrens, Kurzmeldung hib. Accessed 6 October 2026.
  74. Haufe. Gesetzesradar: Erleichterte Statusfeststellung bei Selbstständigkeit. Accessed 6 October 2026.
  75. Bird & Bird via Conventus Law. Germany: self-employed or employed, the German debate over new self-employment, 15 June 2026. Accessed 6 October 2026.
  76. Federal Ministry of Justice. KStG, § 23 Steuersatz. Accessed 6 October 2026.
  77. Federal Ministry of Justice. StGB, § 266a Vorenthalten und Veruntreuen von Arbeitsentgelt. Accessed 6 October 2026.
  78. Federal Ministry of Justice. AÜG, § 16 Ordnungswidrigkeiten. Accessed 6 October 2026.
  79. Federal Ministry of Justice. AÜG, § 9 Unwirksamkeit. Accessed 6 October 2026.
  80. Federal Ministry of Justice. AÜG, § 10 Rechtsfolgen bei Unwirksamkeit. Accessed 6 October 2026.
  81. Federal Ministry of Justice. SGB IV, § 25 Verjährung. Accessed 6 October 2026.
  82. Federal Ministry of Justice. SGB IV, § 24 Säumniszuschlag. Accessed 6 October 2026.
  83. Federal Ministry of Justice. SGB IV, § 28g Beitragsabzug. Accessed 6 October 2026.

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