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Last updated: 6 November 2026

Posting construction and service workers to Germany from outside the EU

Your company is based outside the EU, or in the EU with staff from third countries, and has a building, installation or service contract in Germany. Before work starts, the employer files a declaration in German with customs, names a person in Germany who receives official notices, pays at least EUR 13.90 gross an hour and, on construction sites, registers with the SOKA-BAU holiday fund. For an employer established outside the EU, the first question is whether it may post its own staff at all.

EUR 13.90
Minimum wage per hour in 2026
7 days
To record working hours
2 years
To keep the records
4
Quota agreements for non-EU employers
At a glance

What an employer posting workers to Germany must do

Nine obligations, who carries them and when they apply.

ObligationRuleWhoWhen or how longOfficial source
Posting declarationWritten declaration in German to customs (Zoll) through the Meldeportal-Mindestlohn, with an assurance on working conditions attachedThe employer established abroadBefore each job or service starts§18 AEntG
ChangesEvery change to the declaration is reportedThe employerWithout delay (unverzüglich)§18(1) AEntG
Recipient in GermanyAn authorised recipient for official notices (Zustellungsbevollmächtigter) and the place where documents are keptThe employer, in the declarationWith each declaration§18(1) AEntG
Working-time recordsStart, end and duration of daily working timeThe employerRecorded within 7 days, kept 2 years§19 AEntG
Documents in GermanyEmployment documents held in Germany, in GermanThe employerFor the whole job, 2 years at most§19 AEntG
Minimum wageStatutory minimum, gross per hourThe employerEUR 13.90 since 1 January 2026, EUR 14.60 from 1 January 2027§1 MiLoV5
Construction holiday fundMandatory SOKA-BAU holiday procedure, 30 days of holiday a yearForeign construction employersRegister in writing before works start, monthly return by the 15th, payment by the 28thSOKA-BAU
Work authorisation, EEA employerNo Federal Employment Agency approval for third-country staff lawfully employed by an EEA company and posted temporarilyA company in the EEAFor the temporary posting§21 BeschV
Work authorisation, non-EU employerPosting within contract-worker agreements with Turkey, Serbia, Bosnia and Herzegovina and North Macedonia, under quotaAn employer established outside the EUBefore any worker is posted§29 BeschV

The sections below take each line in turn: what goes to customs, what must exist in Germany while the job runs, what you pay and who may be posted. Amounts and dates are those published in the linked sources on 6 November 2026.

Customs declaration

Declaring the posting to customs before work starts

One declaration for each job, in German, naming a recipient in Germany.

An employer based abroad that sends workers to Germany files a written declaration in German with customs (Zoll) before each job or service starts. It goes through the Meldeportal-Mindestlohn, and the employer attaches an assurance (Versicherung) that it complies with the required working conditions (§18(1) and (3) AEntG, together with MiLoG §16). Each new job in Germany needs its own declaration.

Contact in Germany

An authorised recipient for official notices

The declaration names a person in Germany authorised to receive official notices for the employer (Zustellungsbevollmächtigter). It also states the place where the employment documents are kept (§18(1) AEntG). A company with no office in Germany has to arrange both before it can file.

Changes

Updates without delay

Any change to what was declared is reported to customs without delay, "unverzüglich" in the German text (§18(1) AEntG). Give one person in your team the job of sending these updates.

A secondary source cites a fine for a missing declaration. We have not found the amount in an official source, so confirm it with customs.

Records

Working-time records and documents kept in Germany

What must exist in Germany, in German, while the job runs.

Working time

Hours recorded within 7 days

The employer records the start, end and duration of each worker's daily working time no later than 7 days after the day worked, and keeps that record for 2 years (§19 AEntG).

Documents

Kept in Germany, in German

The employment documents are held in Germany and in German for the whole job, and for no more than 2 years in total (§19 AEntG). Papers kept at head office abroad, or only in English, do not meet this rule.

For a company with no office in Germany, this means three things in place before the crew travels: a recipient for notices, an address in Germany for the documents, and someone who records the hours within 7 days.

Pay and holiday fund

Minimum wage and the SOKA-BAU holiday fund

The floor for every hour worked, and an extra procedure for construction.

Minimum wage

EUR 13.90 now, EUR 14.60 in 2027

The German statutory minimum wage is EUR 13.90 gross per hour since 1 January 2026 and rises to EUR 14.60 on 1 January 2027 (§1 MiLoV5, BGBl. 2025 I Nr. 268). A job priced this year that runs past New Year needs the higher rate for every hour worked from 1 January 2027.

Construction

SOKA-BAU holiday procedure

Foreign construction employers take part in the mandatory SOKA-BAU holiday fund procedure, based on the generally binding collective agreement VTV and the AEntG. They register in writing before works start, file a monthly return by the 15th and pay by the 28th. The scheme gives workers 30 days of holiday a year (SOKA-BAU short guide, edition 02/2023).

The SOKA-BAU guide for foreign employers dates from 02/2023, and we did not find the 2026 contribution rate in a SOKA-BAU publication. Ask the fund for the current rate before you price a building job, and ask at the same time how it treats an employer based outside the EU.

Work authorisation

Third-country nationals: the employer decides the route

The Employment Ordinance (BeschV) treats an EEA employer and a non-EU employer very differently.

Employer in the EEA

No labour-agency approval for a temporary posting

Third-country nationals lawfully employed by a company in the European Economic Area and posted to Germany temporarily do not need the approval of the Federal Employment Agency (§21 BeschV). This is the German rule behind the Vander Elst case law. The customs declaration, the records and the pay rules above still apply in full.

This page does not review the other categories of the Employment Ordinance, nor visa and residence rules for each nationality. Before you sign a German contract for staff employed outside the EU, have the route for each worker confirmed by the Federal Employment Agency or a licensed adviser in Germany. An EU company only changes the answer for workers it lawfully employs itself, as §21 BeschV requires.

EU base

Where the EU rules fit

The German rules above sit on an EU base: the Posting of Workers Directive (96/71/EC, amended by Directive (EU) 2018/957), the Enforcement Directive (2014/67/EU) and the social security coordination rules with the A1 certificate (Regulation (EC) 883/2004). We could not re-read these texts on EUR-Lex for this update, so confirm durations and A1 conditions with the social security institution of your home country. Our comparison of posting rules across Europe sets the German formalities next to those of the other countries.

Order of steps

From the contract to the last record

In the order a newcomer meets them. Deadlines are those set by the law or by SOKA-BAU.

1
Before you sign the contract

Check who may post the workers

An EEA employer relies on §21 BeschV. An employer outside the EU needs one of the four agreements under §29 BeschV, within its quota.

2
Before the declaration

Name the recipient and the document address

A person in Germany for official notices, and the place in Germany where the German-language documents will be kept.

3
Before works start, construction only

Register with SOKA-BAU in writing

Foreign construction employers join the holiday fund procedure before the first day on site.

4
Before each job starts

File the declaration with customs

In German, through the Meldeportal-Mindestlohn, with the assurance on working conditions attached. Report any later change without delay.

5
Within 7 days of each working day

Record working time

Start, end and duration of each worker's daily working time.

6
Every month, the 15th and the 28th

SOKA-BAU return and payment

The monthly return by the 15th, the payment by the 28th.

7
From 1 January 2027

Apply the new minimum wage

EUR 14.60 gross per hour replaces EUR 13.90 for hours worked from that date.

8
Up to 2 years

Keep the records and documents

Working-time records are kept for 2 years. Employment documents stay in Germany for the whole job, 2 years at most.

Open points

What the official sources do not settle

We did not find the SOKA-BAU contribution rate for 2026 in a SOKA-BAU publication, nor a statement on whether and how employers established outside the EU fall under the fund. Branch minimum conditions under the AEntG, for example in cleaning or care, are not covered on this page. The amount of the fine for a missing declaration comes only from a secondary source. The EU texts on posting and on the A1 certificate could not be re-read on EUR-Lex, and the proposed single EU electronic declaration had no adopted text as of 6 November 2026, so the German portal remains the channel. Confirm each of these points with customs, SOKA-BAU, the Federal Employment Agency or a licensed adviser in Germany before you rely on it.

How we help

What Balt Partners coordinates

Balt Partners (FPFM SIA) is based in Riga. We map the obligations and deadlines and coordinate the work; German filings go through a licensed adviser in Germany.

Obligation map for the job

Declaration, recipient, records, minimum wage, SOKA-BAU and work authorisation for your German job, with each deadline on one calendar.

Customs declaration and contact in Germany

We bring in a licensed adviser in Germany. A licensed local adviser handles the filing with customs, and you agree together who in Germany receives notices and holds the documents.

Work authorisation check

Before you price the job, we list your workers by employer and nationality and have the route for each one confirmed by a licensed adviser in Germany.

An EU employer, if your group needs one

A Latvian SIA with its bank account and accounting set-up. Under §21 BeschV the posted staff must be lawfully employed by the EEA company, so this decision comes before any hiring.

For the formalities in other countries on the same project, start from our guide to posted workers in Europe. If an EU employer is on the table, see how a Latvian subsidiary of a foreign company is set up.

FAQ

Questions about posting workers to Germany

Yes. Before each job starts, the employer files a written declaration in German with customs (Zoll) through the Meldeportal-Mindestlohn, with an assurance that it complies with the required working conditions. Any change to the declaration is reported without delay.

Only in narrow cases. Under section 29 of the Employment Ordinance (BeschV), an employer established outside the EU posts workers within the contract-worker agreements with Turkey, Serbia, Bosnia and Herzegovina and North Macedonia, under quotas. Have the route for each worker confirmed by the Federal Employment Agency or a licensed adviser before you sign.

Not from the Federal Employment Agency, if they are lawfully employed by a company in the European Economic Area and posted to Germany temporarily (section 21 BeschV). The customs declaration, working-time records and minimum wage still apply. Visa and residence questions are not covered here.

The statutory minimum wage is EUR 13.90 gross per hour since 1 January 2026 and EUR 14.60 from 1 January 2027. Branch minimum conditions under the AEntG, for example in cleaning or care, are not covered on this page, so check whether one applies to your trade.

Yes, foreign construction employers take part in the mandatory SOKA-BAU holiday fund procedure. They register in writing before works start, file a monthly return by the 15th and pay by the 28th, and the scheme gives workers 30 days of holiday a year. Confirm the 2026 contribution rate and the position of employers based outside the EU with SOKA-BAU.

The start, end and duration of daily working time, recorded no later than 7 days after the day worked and kept for 2 years. The employment documents are held in Germany, in German, for the whole job and for no more than 2 years in total.

Yes. The customs declaration names an authorised recipient in Germany for official notices (Zustellungsbevollmächtigter) and states the place in Germany where the documents are kept. A company with no office in Germany has to arrange both before it files.

General information notice. This page summarises German rules on posting workers as published in the official sources linked above, as of 6 November 2026. It is not legal or tax advice, and it does not cover every case. Balt Partners (FPFM SIA) is a Latvia-based firm in Riga: we map obligations and deadlines and coordinate the work, we do not give legal or tax advice and we do not file in Germany ourselves. Confirm any decision on your own posting with the competent German authority or a licensed adviser in Germany.

Planning a job in Germany?

Tell us the trade, the dates and which company employs the workers. We map the German obligations and deadlines on a free call, then bring in a licensed adviser in Germany for the filings.