You are a foreign company without a German subsidiary and are temporarily posting employees in the Federal Republic of Germany, for example on a construction site.
If your employees are posted for carrying out a specific job or their posting is contractually limited, they continue to be covered by the insurance of their home country (so-called "Einstrahlung"). It is not necessary to conclude an insurance contract in Germany. However, you do need an A1 Certificate ("A1-Bescheinigung") for every single employee. The posted employees must have this certificate on them during their assignment.
If the prerequisites for obtaining an A1 Certificate are not met, you must register your employees with the German statutory (accident) insurance. If you have any questions, do not hesitate to contact us:
Northern Region (Region Nord) mbn-mail(at)bgbau.de +49 511 987-2446
Please note that we as the German Social Accident Insurance Institution for the construction sector (BG BAU) cannot issue clearance certificates if a company is not a member in our organisation.
The BG BAU is the statutory accident insurance institution for the construction sector and related services in Germany. According to Section 2 (1) No.1 German Social Code, Book VII (Sozialgesetzbuch VII) and Section 7 (1) German Social Code, Book IV (Sozialgesetzbuch IV), any employee who is employed or being trained by a company that is subject to the German Social Insurance Law is insured against occupational accidents and illnesses.
According to the Regulations (EC) No. 883/2004 and No. 987/2009, employees who are employed by a company in their home country continue to be subject to social insurance provisions in their home country if they are posted by that company to another EU member state to perform work on that company’s behalf , provided that the anticipated duration of such work does not exceed 24 months. Furthermore, the employee must not be sent to replace another employee whose posting has expired.
The continued application of regulations of the member state is indicated in special certificates, the so-called A1 Certificates (A1-Bescheinigungen).
Therefore, if your employees do have an A1 Certificate, they are insured according to the regulations applicable in their home country and are not subject to German social insurance legislation.
Consequently, we cannot issue certificates that indicate whether social insurance contributions are paid for these employees.
According to Section 48 (5) of the law governing the awarding of public-sector contracts (Vergabeverodnung), clients from the public sector are obliged to acknowledge a corresponding certificate issued by your home country.
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