Posting of working partners in Germany

Posting of working partners in Germany

 

Question:
Hello!

I am a partner in Ltd. with two owners. We offer construction and repair services. We have the opportunity to work in Germany, but we have to have employment contracts.

Do we have the right to appoint ourselves to employment contracts?

Do we have the right to go on a business trip to Germany?

What documents are needed for the business trip in question?

Will expenses incurred during the business trip be recognized?

If there is a third partner who is also a manager, and we both will not manage the company, will we be able to be employed on employment contracts?

Thanks in advance!

 

Answer:

Hello,

In addition to being the owners of the Ltd., we assume that both owners are also managers of the Ltd. in question. If this assumption of ours is true, then your Ltd. cannot conclude employment contracts with you. Your only option is to enter into personal employment contracts with the Company. As such, you will be able to post in Germany. You will need to have business trip orders for this. It is advisable to translate the contracts and orders for business trips into German, to be ready for a possible inspection by the German authorities. Documented expenses related to travel and accommodation will be recognized for tax purposes.

If there is a third partner, you will probably encounter another problem. As employees of the company, if you are sent to an EU country, you will have to be insured on the basis of the minimum wage for the country (in your case, Germany). Also, if the Company cannot provide you with A1 (a certificate that allows employees to be insured in Bulgaria), then you will owe the insurance you will owe in Germany in accordance with German insurance laws. Ie if you are seconded as employees, the insurances that the Company will owe for you are much higher.

We hope we have been useful to you!

Greetings!