Special rules for certain occupations

Certain occupations performed only temporarily in Germany are exempt from the application of the regulations on minimum wages under the Minimum Wage Act (Mindestlohngesetz), the Posted Workers Act (Arbeitnehmer-Entsendegesetz), the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz), on remuneration components exceeding the minimum wages under the Posted Workers Act (Arbeitnehmerentsendegesetz - AEntG), from the holiday regulations of the AEntG and from the regulations for long-term posted workers under section 13b AEntG. The exceptions concern:

• Initial assembly or installation work

  1. Workers employed in Germany by employers established abroad who perform initial assembly or installation work which:

     1. forms part of a supply contract,
     2. is essential in order to be able to take the delivered items into operation, and
     3. is carried out by the supplier company’s skilled or semi-skilled workers, and
  2. the period of employment in Germany does not exceed eight days within the space of one year.
     

  This provision does not apply to construction services within the meaning of section 101(2) Volume III of the German Social Insurance Code (SGB III).

• Activities without performing work or providing services to third parties
  Workers and temporary agency workers who are temporarily employed in Germany by employers or user enterprises established abroad and who, whilst not performing work or providing services to third parties in Germany on behalf of their employer,

  1. hold meetings or conduct negotiations in Germany, draw up contractual offers or conclude contracts on behalf of their employer,
  2. attend a trade fair, specialist conference or symposium without performing work or providing services in connection with the construction or dismantling of trade fairs and exhibitions,
  3. establish a business unit in Germany on behalf of their employer,
  4. are employed in a professional capacity by an international group or company for the purpose of providing in-house training in a group or business unit in Germany.

  Work is regarded as temporary if the worker is not active in Germany for more than 14 consecutive days and for no more than 30 days within the space of 12 months.