Secondment Agreement Germany

Geplaatst door MCautreels op 12 april 2021

On the German side, I participated in an interesting research project on letters of denunciation from companies around the world. In addition, I wrote an article for the FGvW website “About Us,” in which I talk about how I landed as a lawyer in Ohio and now in Freiburg for my secondment. With respect to compensation, temporary workers should in principle be paid in the same way as permanent employees, but sectoral collective agreements may provide for a difference in pay for up to nine months (although in some circumstances it may be increased to 15 months). I worked closely with FGvW lawyers and this week participated in the search for a civil suit after a member of a partnership had to leave the partnership. This case is ongoing and it was interesting to read by the court and the appeals process. I also continued to help me conclude agreements in English (not necessarily between English-speaking parties) and worked on a non-competitive issue. Cross-border secondment can lead to legal aspects such as employment, immigration, trade and business. However, tax and social security at the employer and worker level is one of the most sensitive legal implications and needs to be carefully considered in advance. A specific regulation (EU 883/2004) has been in force in the European Union since 01.5.2010, which deals with the coordination of social security systems in Europe and is therefore relevant to secondments. If a seconded worker intends to return to his country of origin at the end of the secondment, it is possible to stay for a period of time in the social security system of the country of origin (in the European Union, it is usually 24 months). As far as labour law is concerned, the intention of the parties to return to their country of origin is decisive. Engagement abroad must be time-limited. The delay may be the result of the quality of employment or a contractual agreement.

Globalization has led to increasing cross-border detachments of executives and other employees. Cross-border orders help companies and business groups understand and develop deeper links with foreign cultures and markets as well as their own activities abroad. Companies are also striving to leverage the skills and experience of their existing employees in expanding abroad by placing them in new offices. This note assumes that German law is under German law when it is a secondment to another organisation, in which there is secondment to another organisation: with regard to secondments from non-EU countries in which there are no specific intergovernmental agreements, German law provides for possible exceptions to the obligation to pay social security in Germany. As far as detachments are concerned, it is often possible to remain in the German social security system, even though they are detached from Germany (and the European Union). Before the secondment, the effects of social security should be clarified with the relevant social security authorities, both in the country of origin and in the host country. With regard to the secondment of workers from Germany, the effects of the detachment on the detachment subject to social security, in particular the application for a certificate of secondment (detachment certificate “E 101” or “A 1”), and other possible exceptions must be pre-coordinated with the headquarters of the legal health funds. To stay abreast of Katja`s detachment, visit this page every week, while Katia recounts her experience in Germany. After Katja`s return in early July, she will draw on her experience in Kegler Brown`s global economic and educational practices. With her international roots and focus on global economic law, Katia is currently in Germany for a delegation to the Fribourg law firm Friedrich Graf von Westphalen.

The Federal Ministry of Finance has issued a circular on the “detachment of workers


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