Employer of Record In Germany, labor dispatch is a common form of employment, and there are certain norms and requirements for both employers and workers. As an employer of record, it is important to know what you need to know about labor dispatch in Germany. This article will give you a detailed overview of what an employer of record needs to know about labor dispatch in Germany.
1.Definition and legal basis of labor dispatch.
Labor dispatch refers to the act of a company (dispatched company) signing a contract with another company (employer) to provide its own employees to the employer, and the employer directs and supervises the work of the employees. In Germany, the legal basis for labor dispatch mainly includes the Dispatch Labor Act and the Dispatch Work Regulations and other relevant laws and regulations.
2.Responsibilities and obligations of the employer of record.
As the EOR, you need to understand your responsibilities and obligations in labor dispatch. First, you'll need to ensure your employee's legal status and work permit, as well as comply with German labor laws and regulations. Second, you need to provide employees with the same salary and benefits as employers to protect their rights and interests.
3.Restrictions and prohibitions on labor dispatch.
In Germany, labor dispatch is not unrestricted, and some specific occupations and industries are prohibited from being dispatched, such as doctors, ** and other medical professionals. In addition, the duration of the dispatch is also limited, and the dispatch beyond 18 months needs to meet certain conditions to be realized.
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4.Conclusion of contracts and agreements.
When conducting labor dispatch, the nominal employer needs to sign a formal contract and agreement with the employer, specifying the rights and obligations of both parties, salary, work content, dispatch period, etc. The signing of contracts and agreements is an important means to protect the legitimate rights and interests of both parties.
5.Termination of employment and dispute resolution.
In the process of labor dispatch, there may be termination of employment relationship or labor disputes. The employer of record needs to understand the relevant termination procedures and dispute resolution channels, protect its legitimate rights and interests, and properly handle all kinds of disputes.
6.Social security and tax issues.
In Germany, the employer of record is required to pay social insurance for the employee and pay taxes in accordance with the relevant tax regulations. It is the responsibility of the employer of record to understand the relevant social insurance and tax issues and to fulfill its obligations reasonably.
7.Advantages and Challenges of Labor Dispatch.
Finally, as the EOR, you need to understand the advantages and challenges of dispatch as a form of employment. Advantages include the ability to flexibly deploy human resources and reduce labor costs; Challenges include the complexity of laws and regulations, and the increase in employment risks.
Through the above introduction, I believe you have a clearer understanding of what the employer of record needs to know in the process of labor dispatch in Germany. As an employer of record, understanding these contents can help you regulate your employment behavior, protect the legitimate rights and interests of employees and the company, and avoid all kinds of potential risks.
The importance of the nominee employer to labor dispatch lies in the fact that only by legally regulating employment behavior and reasonably fulfilling the employer's responsibilities can a stable employment relationship be established, and the sustainable development of the enterprise and the stable employment of employees can be promoted. Therefore, the employer of record plays a very important role in labor dispatch, and needs to take its responsibilities and obligations seriously, achieve legal and compliant employment, and create a good development environment for enterprises and employees.
Welcome to call the official website** or visit the official website of Chaadhr to get more information about Chinese companies going overseas, global employment guidelines, global payroll management and national regulatory guidelines in various regions.