How can we hire/work with our colleague in Germany?

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Hey folks. Some US-based partners and I recently started a marketing company here in the US. 

We have a colleague who has, in the past, been an incredible sales asset for us in Europe. He lives in Germany, and has just been let go by his previous company and is collecting the arbeitslossgeld (sp?)

We would love to bring him into our company in a way that allows his to work with us. So far, we've come up with a few potential ways:

1) As a freelancer, sourcing clients to us, for which we will pay him a commission based on each campaign those clients run with us.

2) He could start a mini-gmbh (UG?) of the same name as our company, but with the German branding / trademark area. We would set up a partnership agreement between our two companies, and clients would engage with our US-based bank account, and we would transfer money to this partner entity as appropriate.

Can either of these solutions work, legally? How would they impact his arbeistlossgeld (because it takes months for the actual campaigns to conclude and payment to be received)?

If the above methods are not viable, are there alternatives short of hiring him as an official employee of our US company? [We simply don't have the liquid funds on hand to comply with German law for things like health insurance / pension if we tried that route]

Thanks!



 

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