Broadcast (social security)

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Radiation is a term from German social security law and describes the fact that if the place of employment of an employee is temporarily relocated from Germany to abroad, the German legal provisions on compulsory insurance and eligibility for insurance continue to apply. The legal basis is § 4 SGB ​​IV . If the legal prerequisites for the application of the German legal provisions are met, these “radiate” abroad. It should be noted that when posting abroad there may be different regulations in the individual branches of social insurance in the respective countries, so that this article can only shed light on fundamental questions.

Characteristics of a posting

A posting within the meaning of the term broadcast is characterized by certain characteristics. It occurs when a worker at the direction of his employer goes abroad to take up an employer for its employment practice. If an employee is hired specifically for the purpose of posting, the prerequisite is met if the employee's center of life was in the Federal Republic of Germany.

Presence of a broadcast

According to Section 4 SGB IV, broadcasting occurs under the following conditions:

  • The posting takes place in an area outside the scope of the Social Security Code (i.e. outside Germany) as part of an existing employment relationship in Germany .
  • The posting must be contractually limited in advance or due to the nature of the employment (e.g. for a specific construction project). If an initially temporary posting is continued and the continuation is contractually possible, the posting as a whole is deemed to be limited in time in advance. This does not apply if an automatic extension has been agreed in the contract, subject to a different decision within a certain period. The requirement for a time limit for posting is also fulfilled if the employee is posted abroad for several periods in a row, provided that the employment is limited in time in advance. The end of the posting can also be set at the employee reaching the age limit for a full pension due to old age. The law does not provide for a maximum limit on the time limit for posting.
  • The employer is entitled to recall the posted employee from abroad at any time, d. H. the employee remains integrated in the company in Germany for the duration of the stay abroad.
  • The employer is still authorized to give instructions to the employee.
  • The right of employees to pay is directed against the employer in Germany d. H. not against a legally independent subsidiary. The wages are not passed on to the foreign company.

End of a broadcast

Under certain circumstances, broadcasting ends, and with it the application of German legal provisions. This is the case, for example, if the place of employment remains the same abroad, but the employer in Germany is changed. This does not apply to company takeovers. Furthermore, the broadcast ends when the temporary posting is converted into a permanent foreign employment.

Consequences of the broadcast

If a posting meets the requirements for broadcasting, German social security law continues to apply to employment abroad. This means that such employment is to be assessed according to domestic law with regard to insurance and contribution obligations. More precise regulations can be found in the “ Guidelines for the Insurance Law Assessment of Employees in Radiation and Radiation ”, which are published by the central associations of health , pension and accident insurance institutions and the Federal Employment Agency . Under certain circumstances, it may happen that an employee, for whom the German legal provisions are still to be applied due to broadcast, is simultaneously subject to the social security legal provisions in the country to which he is posted and thus double insurance occurs. To avoid this there are supranational and interstate agreements between many states. Insofar as they deviate from German law, these regulations must take precedence over German legal provisions if the persons concerned are covered by the personal, factual and territorial scope of these agreements.

Examination of the requirements

The responsible health insurance company checks whether the requirements for broadcasting are met . For the branch of statutory accident insurance , this assessment must be carried out by the responsible accident insurance institution. The health insurances also advise employers on specifics in the individual sending countries. If there is no insurance coverage with a health insurance company , the responsible pension insurance provider will decide . In both cases, you apply to the competent authority for issuing a posting certificate, form A 1 (formerly E101), provided that it is an EU or EEA country to which the employee is posted.

See also