Employment and Residence Law

We advise companies and international specialists on cross-border employment relationships, secondments, and relocations. Three areas of law intersect here, which must be examined separately: employment law, residence law, and social security law.

Three questions that do not have the same answer

Anyone wishing to employ a specialist from Turkey in Germany must ask three separate questions: Which employment law applies to the employment relationship? Does the person need a residence permit that allows for employment? And in which country is there a social security obligation?

The answers often diverge. An employment contract may be subject to Turkish law, while mandatory German protective regulations — minimum wage, vacation, working hours — still apply because the work is performed in Germany. A choice of law does not override these regulations.

Residence and Work Permit

There are several pathways for qualified employment: the residence permit for specialists with recognized qualifications, the EU Blue Card with the corresponding salary, and the title for intra-company transferred employees in case of relocations within the group. Each pathway has its own requirements, deadlines, and consequences for changing employers.

The bottleneck is usually not at the immigration office, but at the recognition of foreign professional qualifications. This process runs independently, takes time, and should begin in parallel with the application process, not afterward. We plan the steps so that visa procedures, recognition, and the planned start of work align.

Secondment and Social Security

There is a social security agreement between Germany and Turkey. It allows a seconded person to remain insured in the previous system for a limited time instead of paying contributions in both countries. A secondment certificate, which must be applied for before the start, is a prerequisite — it can only be obtained retroactively to a limited extent.

If it is missing, there is a risk of back payments in both countries, even for past periods. We therefore examine secondments before the first working day and document who gives which instructions: If the person is actually integrated into the organization of the host company, there is no longer a secondment, but rather employment there — with all consequences.

Typical Scenarios

The executive in the group. A move from Istanbul to Düsseldorf raises questions about the dormant home contract, the crediting of previous employment periods, and the return promise. If there is no clear regulation, the parties ultimately dispute whether a return was owed.

The transfer of business. When acquiring a business, the employment relationships transfer by operation of law. The information provided to employees must be complete — if it is not, the objection period does not begin to run, and objections are still possible months later.

The separation from an executive. Protection against dismissal, severance pay, post-contractual non-compete clauses, and references belong in a negotiation. A non-compete clause without a promised compensation for the waiting period is non-binding under German law — the employee can choose whether to adhere to it.

The Employment Contract in International Deployment

A contract for cross-border employment must regulate more than a domestic one. In addition to the activity and remuneration, it includes: the place of deployment and whether it can be changed unilaterally, the currency of remuneration and who bears the exchange rate risk, the treatment of allowances for accommodation and home flights, the regulation of vacation with different holidays, and the question of which law applies to disputes.

The Evidence Act also requires that essential contractual conditions be documented in writing, with additional information for foreign deployments. Violations are subject to fines and weaken the employer's position in case of disputes, as the employee's representation is taken as the basis in case of doubt.

Home Office Across Borders

If a person employed in Germany works temporarily from Turkey, this can trigger tax and social security obligations and, in some cases, even establish a permanent establishment of the employer. The limits depend on duration, frequency, and nature of the activity. We develop regulations that remain practical and keep the thresholds in mind.

Related to this Consultation

Personnel issues touch on the tax treatment of secondments, corporate law in restructuring, and economic criminal law in internal investigations. We coordinate these questions instead of answering them one after the other.