Place of employment

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The place of employment is a term of German social law that is defined in Section 9 of the IV of the Social Code. The place of employment is important for determining the responsibility of social insurance carriers such as health insurance companies or pension insurance carriers. In labor law, on the other hand, the term " place of work " is usually used .

definition

The place of employment is in principle the place where an employment is actually carried out, ie where the employee actually works. In the case of a permanent company, this is also the place of employment if employees carry out isolated assignments outside the company. If employees are permanently employed outside the company, this is still the place of employment if both places fall under the jurisdiction of the same insurance office . If an employee works in several companies, the company is considered to be the place of employment where the employee mainly works. If the area of ​​a company exceeds the municipal boundary, the place of employment is the municipality where the company has its economic focus.

If there is no permanent company, the place of employment is the place of the company's headquarters or its branch office if it directs the work of the employee. If the company's headquarters are abroad, the place of employment is the place where the employee was first employed in Germany.

In certain cases, according to Section 10 SGB ​​IV, special regulations apply to determining the place of employment:

  • People who complete an FSJ or an FÖJ have their place of employment where the provider is based.
  • Development workers have their place of employment at the headquarters of the agency. If they are insured abroad upon request, the place of employment of the applicant office is the place of employment.
  • Seafarers have their place of employment at the home port of their seagoing ship. If the seagoing ship has its home port abroad, the place of employment is Hamburg .

In the case of broadcasting , the previous place of employment continues to apply; if there was previously none, the place of employment is the place at the company headquarters. This applies accordingly in other cases in which an employee works abroad but is subject to social insurance in Germany. If no place of employment can be determined according to these rules, the place of employment is East Berlin .

The concept of place of employment is only applicable to employees. For the self-employed there is the concept of the place of work according to § 11 SGB ​​IV, to which the provisions of the place of employment apply accordingly. If the self-employed person does not have a permanent business and is employed in different places, his place of residence or habitual residence is the place of work.