What is a domestic representative authorised to accept service pursuant to Art. 16 MiLoG, Art. 18 AEntG and/or Art. 17b AÜG?
It is the task of the domestic representative authorised to accept service (Zustellungsbevollmächtigter) to take receipt of any written document to be served on the employer (Art. 16 Minimum Wage Act (MiLoG) and Art. 18 Posted Workers Act (AEntG)) or hirer-out (Art. 17b Act on the Provision of Temporary Workers (AÜG)) on their behalf, for example an official notification. The employer or the hirer-out will explicitly authorise the domestic representative authorised to accept service for this purpose.
The presentation of a separate letter of authority is not required. Any person appointed as domestic representative authorised to accept service in the notification in accordance with Art. 16 MiLoG or Art. 18 AEntG or Art. 17b AÜG will be authorised insofar.
The employer or the supplier may appoint any person as domestic representative authorised to accept service. In the case of temporary employment, the supplier may also appoint the temporary worker or the user, if domiciled in Germany.
By serving a written document, a period for appeal may be started. Thus, it should be taken into account when choosing a domestic representative authorised to accept service that such domestic representative warrants that a document served will immediately be forwarded to the employer or the supplier.
