Are you planning to post employees to work in Germany? Don’t forget that one of the main requirements is to have all necessary documents in order. Inspections in Germany are strict, and penalties are high. Even a small discrepancy can cause major problems for your business.
Entrepreneurs posting their employees to Germany have several legal obligations towards the local authorities. In addition to timely submission of the customs notification (Zollmeldung), there is also a requirement to keep documentation available directly on German territory. Customs authorities regularly carry out inspections at construction sites and workplaces, and they may request the immediate presentation of documents related to the posted workers. If you cannot present them on the spot, you risk a fine of up to €15,000—even if you provide the documents later within the given deadline. That’s why it’s wise to consult with experts to avoid potential problems.
Documents Must Be at a Specific Location
In the customs notification, you must indicate the exact address in Germany where the documents will be located. Often, this is the actual place of work, such as the address of a construction site. In such cases, however, it is absolutely necessary that all required documents are physically present and easily accessible at that location. During an inspection, they must be available immediately—otherwise, it is considered a breach of duty.
What Must Be Presented Immediately
Mandatory documents that must be available at the worksite include the employment contract or posting agreement, which must specify wage conditions. You also need to have records of working hours showing when the employee started and finished work and how long they worked. Employers must also provide payslips, proof of wage payment, and confirmation of the customs notification submission.
A particularly important document is the A1 certificate, which proves that the employee is socially insured in the employer’s country—such as Slovakia. All of these documents must be available in German and kept for the entire duration of the posting, but no longer than two years.
We also recommend informing responsible employees—especially the contact person listed in the customs notification—so that they can present the required documents during an inspection and know exactly where they are kept at the worksite.
It’s important that employers do not underestimate these documentation duties and that they prepare thoroughly for any potential inspection. We are experts in doing business in Germany, Austria, and other countries. The experts at ProfiDeCon have been helping entrepreneurs for over 10 years. We’d be happy to help you, too.