Living and working in Germany for an EU company

Hi All,

If i live, and work in Germany by another EU company (Slovenian company) as an employee, and my company pays social insurances (Arbeitlos, Rente, Krankenversicherung etc..) in Slovenia and i pay income tax here in Germany then will it be ok?

I heard that its not possible by some rule of DVKA.

Imp Info:
I have worked in Germany for 3 years by a German basec company and now i am going to switch Job next month. I've a family with 2 kids.

Please advise me if it will not disturb my status in Germany and i'll not get any problem because of health insurance.

Thanks

Working in Germany for a foreign company

Not sure if I follow your description entirely yet (which might be why nobody else has answered your inquiry yet). I'll try to paraphrase what I think you describe as your problem:

1. you have worked for three years in Germany for a German company, i.e. you have paid through your salary for (probably public) health insurance, unemployment insurance, public pension and so on, right?
2. now you could/would/will change your employment so that you are employed through a foreign company where social insurances are paid in Slovenia and you want to pay income tax in Germany, correct?
3. you fear that this could endanger your "status" in Germany, notably your German health insurance coverage?

O.k.: normally (there are of course many legal and grey-zone exceptions to that) you can only be employed in Germany from abroad when you are "Entsendet" which means that your new employer has to send you to Germany to perform/work on a certain project where the procject and the project time are clearly defined. Otherwise your employer should open a "selbstständige Niederlassung" (i.e. a subsidiary branch) in order employ you according to German law and regulations and social fees etc. Which is of course very unattractive for a foreign employer, I understand that. But from the side of the German governement the questions is: why should you or the employer enjoy a number of German infrastructure and social benefits without contributing to them. So, for a while, a couple of years, this might work but eventually someone will want to know more about how this is working out

Since you do not tell us what your status exactly is, it is kinda hard to judge if your status is in jeopardy through the move you propose to do. Generally speaking: if you are not employed under German law/regulations, you could only remain in German public health insurance if you would have the status of a self-employed/freelancing person. I don't quite see how you could get on top of the Slovenian public health insurance a German public healt insurance as a foreign employee.

If this could complicate your residence permit or anything like that would also depend on how your current status is, if you are an EU-national or not etc. If you could be more specific in your inquiry, more people might actually be able to help you. Having said that: I do of course fully understand that to phrase your problems might be hard through not only language barriers but also because of the complexitiy of the systems. When in doubt rather try to provide too much then not enough info in order to get a good reply here at Toytown.

Cheerio

Hi,

Sorry not to explain my problem very well.

Yes, my new employer doesnt want to open sub-branch in Germany, so i guess i'll qualify under "Entsendet".

1. I am Non-EU on Auftenthalsterlaubnis Visa
2. Next year i can apply for Niderlassungerlaubnis (but with this job change i dont know if i'll qualify or not)
3. As stated before, i've family with 2 kids and i am not sure with this Slovenian based health insurance if my whole family can be covered.

As an alternative I can also ask my employer to pay me 100% (brutto) sallary + the 19-20% as employer part of social insurances so that i pay everything by myself, but i guess he'll not be happy with that either.

sawun:

eventually your employer will not get around employing you according to German rules and laws unless it is a clear-cut case of "Entsendung" which is usually limited to building or engineering or consulting work for a specific project and period of time.

For now you should consult first some Slovenian authorities or a Slovenian broker to learn more about the coverage of their public health insurance system. Maybe for a while you can actually work with some form of travel health insurance from a Slovenian insurance company on top of that?

With the construction of your employment I have my doubt if you can get Niederlassungserlaubnis but then I am not an expert in these matters, so don't take my word for it. Just doesn't seem to me fitting in the over logic of the system, thats all.

Cheerio

Thanks Starshollow! you are the person who want to save my life.

You are right my employer can't hire me except "Entsendung", and i feel that it will affect my status here.

Now he asked me if i can choose "Self-employment" way.

For my job security he can sign a 3 years contract and he'll pay for health insurances and other stuff. If i choose that way then there are many things which i don't know OR I've some doubts.

1. I'll only work for him, but i heard that being self-employed i can't work for a single company or at least not more than 80% work
2. Can i still go for public health insurance? (Remember, I've family with 2 kids) OR can private insurance also cover my family without too high costs?
3. There might be many types of Self-employments, i want to choose one where i don't have to do much paper work
4. My employer agreed to pay me 2600 EUR Netto + company car; How much brutto should i ask him so that i can cover all insurances and other taxes including Arbeitlos (i want to pay this for my security), means after paying everything as taxes etc... i get 2600 EUR at the end.
5. Are there any catches or things which i should avoid? Should i ask employer to put some special clauses on contract which give me some protection.

Thanks once again for your kind help.