In Germany, an EOR leases workers to businesses, meaning the EOR remains the legal employer. Germany doesn’t view it through the co-employment lens found in the U.S. Instead, it sees an EOR arrangement as a leasing service.
EORs sign employment contracts, run payroll, remit income tax and social security contributions, and carry employer liability cover. The client deals with day-to-day tasks for employers. Despite the differences in German law, EORs are perfectly legitimate as long as they’re licensed under the Arbeitnehmerüberlassungsgesetz (AÜG).
1. EOR vs. PEO
EORs and PEOs are not the same thing in practice. In the U.S., a PEO is the co-employment model used, where the client usually already has a local entity. A PEO in Germany requires a German entity. An EOR doesn’t require a local entity, and it remains the legal employer.
Why does this distinction matter? In Germany, it matters because of interactions with mandatory works councils, employment contract architecture, and liability purposes.
2. The AÜG License and Employee Misclassification
EOR services in Germany count as employee leasing or temporary agency work. Anyone providing these services must hold a valid AÜG permit provided by the Federal Employment Agency. Without a license, contracts aren’t legally valid, and the end client will be seen as the legal employer by default.
Furthermore, employee leasing agreements are capped at 18 months in Germany, and there remains an equal-pay rule in place. Again, if you exceed these limits, you’ll be seen as the legal employer.
In the process of using a German EOR provider with a valid AÜG permit, you also have to be aware of misclassification, or Scheinselbstständigkeit. Germany is notorious for enforcing false self-employment, and if a contractor is heavily integrated into your organization, the authorities can reclassify them as a full-time employee.
The penalties of reclassification mean triggering taxes and social security contributions going back four years, or up to ten years if the mistake was seen as intentional. In extreme cases, criminal charges can even be levied against you. Working with an EOR mitigates this risk by creating a defensible employment relationship.
3. Typical EOR Services in Germany
With this landscape in mind, what are some of the things that an EOR in Germany can do for your business? Here’s a rundown:
- Drafting legally compliant German-language employment contracts.
- Running payroll.
- Income tax withholding.
- Performing social security filings.
- HR advisory services.
- Managing works council notifications.
- Onboarding/offboarding
- Termination procedure compliance