The employer must, however, be informed immediately. And the best way to do so is by combining regular vacation days with public holidays. We want our readers to feel at home, safe, and educated about life in Germany and not feel put off by bureaucracy. For employees, the right to have holidays is guaranteed in the federal law 3 BUrlG, which guarantees a minimum of 24 days of holiday per year. Additionally, you need to take or be allowed to take at least one vacation of a minimum of 2 weeks per year to allow proper rest and recovery from work. The workweek is defined as the 6 days of Monday-Saturday. The employer may decide to proceed with the reduction even after the employee has already gone to Elternzeit, but he must immediately inform his employee. Some companies track and compensate if you do overtime (berstunden). The workday can be extended under certain circumstances to ten hours. Related Guide:Maternity Leave In Germany [Mutterschutz]. In 2017 he is entitled to all holidays. The new employer has to grant her only 6 days holiday, as she has already taken the other days in her old job. 9 AZR 575/15), the right to take the unused days of holiday does not expire at the end of the year or on 31th of March of the following year. On the contrary, maternity leave in Germany is one of the strongest and most protective in the world. Under this clause, rights that are not claimed within a certain period of time, usually 3 months, expire. . If the employee submits his holiday request after the 6 months trial period required by law, the employer must approve it without any problems. From identification to implementation, Play Projects is the ideal partner to plan, manage and/or execute your projects. 2 ABR 19/97). We have worked in companies that asked employees to enter most of their vacation days into the yearly calendar during January or February to better plan team staffing. Victimisation. As an Amazon Associate we earn from qualifying purchases, without costing you a cent extra. Our robust yet cost-effective offerings are both tactile and experiential and support a myriad of corporate objectives. The applicant must be an employee and have a German employment contract. At the end of the working day, there must be an uninterrupted rest period of a minimum of 11 hours. How many paid holidays do employees with mini-job or part-time contracts have? This is the case if the applicant has a permanent residence status or if he/she has a residence permit and is permitted to work in Germany. 2 BUrlG). The Federal Labour Court thus followed the case law of the European Court of Justice (ECJ, judgment of 6 November 2018, ref. C-569/16 and 570/16). Working hours do not count, it is more important the number of days you go to work during the week, for example: a part-time employee works only 3 days per week for a total of 20 hours and his full-time colleagues are entitled to 30 days holiday working 5 days a week. But, if a part-time employee works 5 days per week always for a total of 20 working hours, he is also entitled to have 30 days of paid holiday per year. There is no need to submit an application for this. It is possible to use the remaining holiday during the following year? In this case, the Friday gets calledBrckentagin German. Before the end of the year, the employer should ask his employees to take their holidays. Both the father and the mother of a newborn child are entitled to parental leave for a period of up to three years (until the child has reached the age of three.) The number of paid vacation days to which an employee is entitled depends on when they are leaving their old employer. Severely disabled employees have 5 days more ( 208(1) SGB IX), i.e. According to a study by the DGB, one in three employees forfeits their holiday entitlement. 
If an employee is terminated before these six months have passed or within the first half of a calendar year, the employee will only be entitled to 1/12 of the annual vacation entitlement for each month of the employment relationship. You can find a calculator at the end of thisarticleto enter your criteria. This only applies, however, if the employee is entitled to continued remuneration in the event of illness. Required fields are marked *. If an employee has not taken a few days paid holiday in the last 3 years and his entitlement has been forfeited, he should try to have it credited again as soon as possible by submitting the request directly to the employer. It may be granted for any number of reasons - for example to compensate for particular difficulties on the job or for night shift work or work on Sundays and holidays. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This blog is not a magazine: it is updated according to the availability of new contents and it is not to be considered an editorial product. In case you want to change your privacy settings (e.g. During the vacation period, employees are entitled to full remuneration. You should submit your vacation request at least 14 days before the desired days off by law. This can be may be split into two breaks of 15 minutes. The information provided on this blog is based on our own experience and in-depth research. The school holidays vary between German states.
On-call work in the form of constant availability, for example stand-by work, on the other hand, does not count as working time. The holiday entitlement for 2017 expires on 31 December 2018. During the parental leave, employers are not obliged to pay the employee's salary. Anyone who takes holiday without the employers approval risks being dismissed without notice (CSD, judgment of 22 January 1998, file no. Oktoberfest in Munich - All You Need to Know, Exhibitions and Events in Rothenburg 20192022, brg | schleicher Rechtsanwlte - English speaking lawyers in Germany, H&R Block - Baumholder, Kaiserslautern & Stuttgart, Beam my Presence to Germany - Business Start Up, Virtual Office, Virtual Assistance. Holidays in excess Anyone who leaves the company before the 30rd of June but has already used up all his annual paid vacations is not required to repay the excess holiday days ( 5, par. The employer cannot count these days as holidays ( 10 BUrlG). The same applies to treatment or other preventive or medical rehabilitation measures. In theory, according to 7 No. If the employer does not fulfil this obligation, the employees holiday entitlement remains in force in accordance with the new case law of the Federal Labour Court. There are dozens of categorized listings of products and services for Expats in Germany. If the minimum wage is not paid, employees can make a claim for the difference between their actual pay and the minimum wage from their employer. Holidays during parental leave Direct discrimination can be lawful if the employer can objectively justify the treatment.
Therefore it is possible to change to more advantageous conditions. For example, in my team, we used to divide the possibleBrckentagebetween the team members. In fact, at the latest 15 months after the end of the working year in which the holidays entitlement was acquired, the possibility of taking them lapses (BAG, judgment of 7 August 2012, case no. Here arethree examplesfor your understanding: Depending on the industry you work in, and whether your team always needs to be staffed, your employer may not allow you to take advantage of every singleBrckentagoption. 9 AZR 353/10). Bonus: How To Combine Public Holidays In Germany With Vacation Days ToDouble Your Time Off? What happens on holiday when you change jobs? However, unused holiday can be carried forward until the 31st of March of the next calendar year if the employee was unable to take the holiday due to operational or personal reasons. The minimum statutory vacation days an employee is entitled to in Germany are 20 days per year for a regular 5 day work week. Suspension of the insolvency application obligation only partially extended until the 31st of January, Parents can hope for a refund of Kita fees. Understanding FATCA as an American Living in Germany. Disclaimer: Simple Germany refers to helpful services and does not provide a complete market overview. If, at the end of the year, a new employee has not been able to take all of his holidays because he is still on a 6-month probationary period, he can ask the employer to take it in the first months of the following year. The Foreign Bank Account Reporting Deadline is Approaching What You Need to Know! The working hours during normal workdays may not exceed eight hours and therefore 48 hours per week. If this is not possible, the remaining vacation days need to be paid out. 7 days, 7 emails! This is based on a working week of six working days (excluding Sundays). How can a holiday request be submitted? If any holiday entitlement still remains at the end of the employment, employees can claim financial compensation for the days not taken. For example, if Thursday is a public holiday, you can take Friday off and have a 4-day long weekend. Is it possible to get paid for unused days of holiday? At Press Play we deliver intelligent solutions that simplify the process for businesses to stay in step with the dynamically changing technology landscape. Save my name, email, and website in this browser for the next time I comment. However, if someone does not apply for the paid vacation days during the year, the right to have them does not automatically lapse. There are exceptions available for workers in the service industry. 3, BUrlG). Over decades Germany has developed a strong social contract with workers. This means that he can take all the holidays he is entitled to until the last day of work. If you are sick, you cant do so. 30 days of holiday is now usual In many collective agreements or employment contracts, 30 days of paid vacation per year is usually granted. Many people have had other types of income and costs in 2020 and because of the special circumstances there are some changes regarding the tax return. There is no income limit, but the maximum amount of parental benefits is EUR 1,800 and the minimum amount is EUR 300. The right to take remaining days of vacation is extended until the 31st of March of the following year for personal reasons. This article is meant to provide an overview on the most important rules and provisions. Can I change my holidays plan few days to my holidays. However, if the pregnant woman has a medical certificate that states that the health of the mother or the unborn child will be endangered due to the employment, the employer may be prohibited from employing the employee before the start of the six-week period before childbirth (individual maternity protection period). Lets look at it detail below. Depending on the staffing needs of your team, it is helpful that you discuss your vacation desires with your teammates. A 45 minute break is required after six hours of work in the case of a working day of more than nine hours. Holidays In case of long illness How Many Vacation Days Are You Entitled To In Germany? Simple Germany is a trademark registered in the European Union. Yvonne was born and raised in Germany and has lived in the United States, France, and Spain. (From January 1st 2020 the minimum wage will be EUR 9.35 an hour.) This gives employees the right to receive the parental allowance from the government for a period of up to 24 months or, if both parents decide to take parental leave, parental allowance can be shared between the parents for a period of up to 28 months. The calculation formula for a 5-day week is: Total earnings over the last 13 weeks/65 days = entitlement to daily wage in Euros. The heirs are entitled to compensation for the unused days of holiday to be claimed from the deceaseds employer. We have created this dropdown menu to select the German state you are employed in. However, most employers grant up to 30 days of annual leave. In order to prevent the new employee from finding himself at the end of the year with a large number of unused days of holiday, it is now common practice in many companies to allow him to go on vacation also during the probationary period as well; however, the employer is not obliged to approve the request if he does not take it appropriately. Being on paid holidays means having free time to spend as you wish without financial loss, as the employer continues to pay the salary. The full vacation entitlement starts after an employee has been on the job for six months. She is entitled to 30 days paid days of vacation in both the old and the new employment contract. You can use the following formula to calculate your actual leave entitlement: Example:You work 3 days a week in a company. In collective agreements or employment contracts, it is often specify that the unused days of holidays must be taken no later than the 31st of March of the following year. 6 par. Under no circumstances may an employee have to go on holidays without the approval of his boss (e.g. Germans love to maximize their holidays. In general, employees must take their annual holidays/vacation during the calendar year. All paid holidays must necessarily be taken by the end of the calendar year, as it is generally not possible for the employer to pay for the unused vacation days ( 7 Abs. The following types of discrimination are prohibited: However, not every instance of unequal treatment constitutes discrimination. People who are absent for several months or for the whole year due to illness are also entitled to have holidays. The number ofUrlaubstageis listed in your employment contract or collective agreement (Tarifvertrag), depending on the industry you work in. Applying a policy, criterion or practice to all individuals in a group, which disproportionately disadvantages individuals with a characteristic protected by the AGG or for any other unjustified reason, unless the discrimination is objectively justified. To calculate your vacation entitlements as a mini-jobber, you need to consider the number of days you work per week, regardless of how many hours you work per day. This also applies to employees with time-limited contracts, part-time contracts and marginal employment, as well as to apprentices in companies. Related Guide:Parental Leave In Germany [Elternzeit]. In addition, subcontractors cannot only make a claim for payment of the minimum wage from their direct employer, but they can also claim it from the main contracting company. Following the six-week period, employees are entitled to statutory/private insurance sickness benefits. Under certain circumstances, this six-week period can be triggered more than once a year. There is no vacation entitlement when an employee has already taken vacation while in a previous job during the same calendar year. We are not certified brokers or consultants. because the boss has checked the application forms). A working day of more than six, but no more than nine hours, requires a scheduled 30 minute rest break. Parents are entitled to parental benefits for 14 months starting from the date of the child's birth. This means that part-time employee is entitled to 18 days of paid annual vacation (30 days 3 days 5 = 18 days). It is important that this certificate be handed over to the new employer, otherwise there is a risk that the new employee may not be able to receive the remaining days off, since without a certificate, the new employer can assume that his current employee has already taken all his holidays in his old job (CSD, judgment of 16 December 2014, ref. How To Germany Digital Edition An additional option, "Parental Allowance Plus", is also available for parents of children born on or after 1 July 2015. Up to 24 months of the three-year period can be transferred to a later time until the child reaches the age of 8. And with a solid scientific background influencing our approach, these skills, together with our ability to work with and through people, translate into a broad range of capabilities within a wide array of applications. If you get sick during holiday leave, the days you are officially sick as per a doctors note will be credited to your remaining vacation entitlement. Instead, those need to be planned as a new vacation with your manager. Your entitlement for paid vacation is calledUrlaubsanspruchin German. Find out which public holidays in 2022 fall on a weekday for you and how you can maximize your paid time off withBrckentage. During the six weeks prior to birth and the eight weeks following birth, women are entitled to maternity pay that is equivalent to their monthly remuneration during the last three months before the start of their maternity leave. 3 sentence 2 BUrlG). The holiday law does not recognise half days or hours of holiday. He must inform them clearly that their holidays entitlement will expire if they are not taken them in time. 24 sentence 2 MuSchG). It can, of course, not be a substitute for in-depth legal advice, but might serve as a starting point for those interested in the German marketplace and employment laws. What are the Urlaubsgeld? In this case, you are entitled to 20 paid vacation days. Our team is highly motivated, fast-learning, task and detail-oriented with a proven ability to identify, analyze, and solve problems. Theaverage across Germanyis 28 days per year. For example, in some teams, it is always necessary to have a minimum number of colleagues working, whereas in others it is ok if everyone is off simultaneously.
Like every year, many health insurance companies have increased their contribution rates. If you get sick on holiday, sometimes you cannot be cured as fast as you wish. 3,000 gross per month) and will not be able to take his last 12 days of vacation, he will have to receive 1661.54 gross extra from his employer. 9 AZR 295/13). If you receive the statutory minimum of vacation days, you can calculate the number of working days per week times 4. What happens to the holiday entitlement if the employee changes jobs during the year? If you resign before June 30th of a calendar year:You have the right to a proportionate part of your vacation days, meaning 1/12th for each completed month. We are happy to help. What is Buy to Let (Rent Out) Investment and How Does it Work? The amount of vacation days you are entitled to as a mini-jobber or part-time employee depends on the number of days you work per week and not on the number of hours. Public holidays get managed by the 16 different German states and range from 10 to 14 days, out of which 9 are the same nationwide. Support. For this purpose, the employee must have a residence permit that allows him or her to work in Germany.
If an employee is terminated before these six months have passed or within the first half of a calendar year, the employee will only be entitled to 1/12 of the annual vacation entitlement for each month of the employment relationship. You can find a calculator at the end of thisarticleto enter your criteria. This only applies, however, if the employee is entitled to continued remuneration in the event of illness. Required fields are marked *. If an employee has not taken a few days paid holiday in the last 3 years and his entitlement has been forfeited, he should try to have it credited again as soon as possible by submitting the request directly to the employer. It may be granted for any number of reasons - for example to compensate for particular difficulties on the job or for night shift work or work on Sundays and holidays. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This blog is not a magazine: it is updated according to the availability of new contents and it is not to be considered an editorial product. In case you want to change your privacy settings (e.g. During the vacation period, employees are entitled to full remuneration. You should submit your vacation request at least 14 days before the desired days off by law. This can be may be split into two breaks of 15 minutes. The information provided on this blog is based on our own experience and in-depth research. The school holidays vary between German states. On-call work in the form of constant availability, for example stand-by work, on the other hand, does not count as working time. The holiday entitlement for 2017 expires on 31 December 2018. During the parental leave, employers are not obliged to pay the employee's salary. Anyone who takes holiday without the employers approval risks being dismissed without notice (CSD, judgment of 22 January 1998, file no. Oktoberfest in Munich - All You Need to Know, Exhibitions and Events in Rothenburg 20192022, brg | schleicher Rechtsanwlte - English speaking lawyers in Germany, H&R Block - Baumholder, Kaiserslautern & Stuttgart, Beam my Presence to Germany - Business Start Up, Virtual Office, Virtual Assistance. Holidays in excess Anyone who leaves the company before the 30rd of June but has already used up all his annual paid vacations is not required to repay the excess holiday days ( 5, par. The employer cannot count these days as holidays ( 10 BUrlG). The same applies to treatment or other preventive or medical rehabilitation measures. In theory, according to 7 No. If the employer does not fulfil this obligation, the employees holiday entitlement remains in force in accordance with the new case law of the Federal Labour Court. There are dozens of categorized listings of products and services for Expats in Germany. If the minimum wage is not paid, employees can make a claim for the difference between their actual pay and the minimum wage from their employer. Holidays during parental leave Direct discrimination can be lawful if the employer can objectively justify the treatment.
Therefore it is possible to change to more advantageous conditions. For example, in my team, we used to divide the possibleBrckentagebetween the team members. In fact, at the latest 15 months after the end of the working year in which the holidays entitlement was acquired, the possibility of taking them lapses (BAG, judgment of 7 August 2012, case no. Here arethree examplesfor your understanding: Depending on the industry you work in, and whether your team always needs to be staffed, your employer may not allow you to take advantage of every singleBrckentagoption. 9 AZR 353/10). Bonus: How To Combine Public Holidays In Germany With Vacation Days ToDouble Your Time Off? What happens on holiday when you change jobs? However, unused holiday can be carried forward until the 31st of March of the next calendar year if the employee was unable to take the holiday due to operational or personal reasons. The minimum statutory vacation days an employee is entitled to in Germany are 20 days per year for a regular 5 day work week. Suspension of the insolvency application obligation only partially extended until the 31st of January, Parents can hope for a refund of Kita fees. Understanding FATCA as an American Living in Germany. Disclaimer: Simple Germany refers to helpful services and does not provide a complete market overview. If, at the end of the year, a new employee has not been able to take all of his holidays because he is still on a 6-month probationary period, he can ask the employer to take it in the first months of the following year. The Foreign Bank Account Reporting Deadline is Approaching What You Need to Know! The working hours during normal workdays may not exceed eight hours and therefore 48 hours per week. If this is not possible, the remaining vacation days need to be paid out. 7 days, 7 emails! This is based on a working week of six working days (excluding Sundays). How can a holiday request be submitted? If any holiday entitlement still remains at the end of the employment, employees can claim financial compensation for the days not taken. For example, if Thursday is a public holiday, you can take Friday off and have a 4-day long weekend. Is it possible to get paid for unused days of holiday? At Press Play we deliver intelligent solutions that simplify the process for businesses to stay in step with the dynamically changing technology landscape. Save my name, email, and website in this browser for the next time I comment. However, if someone does not apply for the paid vacation days during the year, the right to have them does not automatically lapse. There are exceptions available for workers in the service industry. 3, BUrlG). Over decades Germany has developed a strong social contract with workers. This means that he can take all the holidays he is entitled to until the last day of work. If you are sick, you cant do so. 30 days of holiday is now usual In many collective agreements or employment contracts, 30 days of paid vacation per year is usually granted. Many people have had other types of income and costs in 2020 and because of the special circumstances there are some changes regarding the tax return. There is no income limit, but the maximum amount of parental benefits is EUR 1,800 and the minimum amount is EUR 300. The right to take remaining days of vacation is extended until the 31st of March of the following year for personal reasons. This article is meant to provide an overview on the most important rules and provisions. Can I change my holidays plan few days to my holidays. However, if the pregnant woman has a medical certificate that states that the health of the mother or the unborn child will be endangered due to the employment, the employer may be prohibited from employing the employee before the start of the six-week period before childbirth (individual maternity protection period). Lets look at it detail below. Depending on the staffing needs of your team, it is helpful that you discuss your vacation desires with your teammates. A 45 minute break is required after six hours of work in the case of a working day of more than nine hours. Holidays In case of long illness How Many Vacation Days Are You Entitled To In Germany? Simple Germany is a trademark registered in the European Union. Yvonne was born and raised in Germany and has lived in the United States, France, and Spain. (From January 1st 2020 the minimum wage will be EUR 9.35 an hour.) This gives employees the right to receive the parental allowance from the government for a period of up to 24 months or, if both parents decide to take parental leave, parental allowance can be shared between the parents for a period of up to 28 months. The calculation formula for a 5-day week is: Total earnings over the last 13 weeks/65 days = entitlement to daily wage in Euros. The heirs are entitled to compensation for the unused days of holiday to be claimed from the deceaseds employer. We have created this dropdown menu to select the German state you are employed in. However, most employers grant up to 30 days of annual leave. In order to prevent the new employee from finding himself at the end of the year with a large number of unused days of holiday, it is now common practice in many companies to allow him to go on vacation also during the probationary period as well; however, the employer is not obliged to approve the request if he does not take it appropriately. Being on paid holidays means having free time to spend as you wish without financial loss, as the employer continues to pay the salary. The full vacation entitlement starts after an employee has been on the job for six months. She is entitled to 30 days paid days of vacation in both the old and the new employment contract. You can use the following formula to calculate your actual leave entitlement: Example:You work 3 days a week in a company. In collective agreements or employment contracts, it is often specify that the unused days of holidays must be taken no later than the 31st of March of the following year. 6 par. Under no circumstances may an employee have to go on holidays without the approval of his boss (e.g. Germans love to maximize their holidays. In general, employees must take their annual holidays/vacation during the calendar year. All paid holidays must necessarily be taken by the end of the calendar year, as it is generally not possible for the employer to pay for the unused vacation days ( 7 Abs. The following types of discrimination are prohibited: However, not every instance of unequal treatment constitutes discrimination. People who are absent for several months or for the whole year due to illness are also entitled to have holidays. The number ofUrlaubstageis listed in your employment contract or collective agreement (Tarifvertrag), depending on the industry you work in. Applying a policy, criterion or practice to all individuals in a group, which disproportionately disadvantages individuals with a characteristic protected by the AGG or for any other unjustified reason, unless the discrimination is objectively justified. To calculate your vacation entitlements as a mini-jobber, you need to consider the number of days you work per week, regardless of how many hours you work per day. This also applies to employees with time-limited contracts, part-time contracts and marginal employment, as well as to apprentices in companies. Related Guide:Parental Leave In Germany [Elternzeit]. In addition, subcontractors cannot only make a claim for payment of the minimum wage from their direct employer, but they can also claim it from the main contracting company. Following the six-week period, employees are entitled to statutory/private insurance sickness benefits. Under certain circumstances, this six-week period can be triggered more than once a year. There is no vacation entitlement when an employee has already taken vacation while in a previous job during the same calendar year. We are not certified brokers or consultants. because the boss has checked the application forms). A working day of more than six, but no more than nine hours, requires a scheduled 30 minute rest break. Parents are entitled to parental benefits for 14 months starting from the date of the child's birth. This means that part-time employee is entitled to 18 days of paid annual vacation (30 days 3 days 5 = 18 days). It is important that this certificate be handed over to the new employer, otherwise there is a risk that the new employee may not be able to receive the remaining days off, since without a certificate, the new employer can assume that his current employee has already taken all his holidays in his old job (CSD, judgment of 16 December 2014, ref. How To Germany Digital Edition An additional option, "Parental Allowance Plus", is also available for parents of children born on or after 1 July 2015. Up to 24 months of the three-year period can be transferred to a later time until the child reaches the age of 8. And with a solid scientific background influencing our approach, these skills, together with our ability to work with and through people, translate into a broad range of capabilities within a wide array of applications. If you get sick during holiday leave, the days you are officially sick as per a doctors note will be credited to your remaining vacation entitlement. Instead, those need to be planned as a new vacation with your manager. Your entitlement for paid vacation is calledUrlaubsanspruchin German. Find out which public holidays in 2022 fall on a weekday for you and how you can maximize your paid time off withBrckentage. During the six weeks prior to birth and the eight weeks following birth, women are entitled to maternity pay that is equivalent to their monthly remuneration during the last three months before the start of their maternity leave. 3 sentence 2 BUrlG). The holiday law does not recognise half days or hours of holiday. He must inform them clearly that their holidays entitlement will expire if they are not taken them in time. 24 sentence 2 MuSchG). It can, of course, not be a substitute for in-depth legal advice, but might serve as a starting point for those interested in the German marketplace and employment laws. What are the Urlaubsgeld? In this case, you are entitled to 20 paid vacation days. Our team is highly motivated, fast-learning, task and detail-oriented with a proven ability to identify, analyze, and solve problems. Theaverage across Germanyis 28 days per year. For example, in some teams, it is always necessary to have a minimum number of colleagues working, whereas in others it is ok if everyone is off simultaneously.
Like every year, many health insurance companies have increased their contribution rates. If you get sick on holiday, sometimes you cannot be cured as fast as you wish. 3,000 gross per month) and will not be able to take his last 12 days of vacation, he will have to receive 1661.54 gross extra from his employer. 9 AZR 295/13). If you receive the statutory minimum of vacation days, you can calculate the number of working days per week times 4. What happens to the holiday entitlement if the employee changes jobs during the year? If you resign before June 30th of a calendar year:You have the right to a proportionate part of your vacation days, meaning 1/12th for each completed month. We are happy to help. What is Buy to Let (Rent Out) Investment and How Does it Work? The amount of vacation days you are entitled to as a mini-jobber or part-time employee depends on the number of days you work per week and not on the number of hours. Public holidays get managed by the 16 different German states and range from 10 to 14 days, out of which 9 are the same nationwide. Support. For this purpose, the employee must have a residence permit that allows him or her to work in Germany.