The period from which the additional terms and conditions of employment for workers on long-term postings apply can be extended to up to 18 months. Any employer seeking such an extension must submit a notification to the Customs Administration (Zollverwaltung). This notification must meet the following requirements:
- The notification must be written in German language.
- According to Section 13 (2) Clause 1 of the Posted Workers Act (Arbeitnehmer-Entsendegesetz - AEntG) the notification must be submitted before the end of a period of employment of twelve months.
The notification must be submitted in written form. "Written form" means:
- The notification must be submitted in written characters that are legible.
- The author of the notification must be identifiable.
- It must be clear where the text begins and where it ends.
- The notification may be signed; however, a signature is not mandatory as long as the author is identifiable.
- The notification may be submitted electronically. This means that it can also be submitted via email.
In order to be legally valid, the notification must contain the following information:
- Last name(s), first and middle name(s), and date(s) of birth of the respective workers,
- place of work in Germany (for construction works: address of construction site),
- the reasons why the twelve-month duration of employment in Germany is exceeded,
and - the anticipated time of employment in Germany at the time when the notification is written.
- The notification must be submitted to the authorities of the Central Customs Authority. It is recommended to send the notification to the following email address:
mitteilung.langzeitentsendung@zoll.de
You will receive a confirmation that your notification has been received. You should keep a copy of the notification and the confirmation of receipt. In case of dispute, you would have to prove that you submitted the notification and the content of it. The Central Customs Authority does not keep copies of the notification.