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We are a small U.S. company with about 30 employees. We would like to hire one employee in Germany who is a German citizen and will work out of his home. He will primarily be writing software on a computer provided by us. All of our business is in the U.S.

What formalities do we need to do to hire him? Can we just have him sign an employment contract and send him paychecks twice a month (and dealing with local tax, social security laws, etc.)? Or do we have to do something more formal like open a branch or create a German subsidiary?

Any pointers to useful info would be helpful. I've found some good sites that compare branches with subsidiaries, but I would like to know if we can avoid doing either of those entirely.

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2 Answers

up vote 5 down vote accepted

DO NOT DO IT - the overhead will kill you. You need to get locally registered (court registration), have a local legally responsible general manager and do a crapload of paperwork (social security, tax payments etc. monthly).

Find him, then hire him through an UMBRELLA COMPANY who handles all the paperwork. Technically he gets hired by them, you pay them their costs + some percentage. These basically are large payroll "shells" that are used by conrtactors etc. moving abroad.

http://www.libertybishop.co.uk/ is an example. http://www.celergo.com/International_Payroll_and_Expatriate_Services-3 is another.

It is a lot more convenient (and thus also cheaper) if you have this done without having yourself deal with the filings for one person only.

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I have to second your statements. I have a German CEO and Swiss CTO, plus myself hold an EU passport. We constantly have discussions on regulations and doing business in EU. For one employee it is not worth it. "Lease" one from somebody else. – Apollo Sinkevicius Jan 15 '11 at 18:20

The alternative would be to hire them as a contractor, which reduces the paperwork to a monthly invoice, but has a big caveat: German employment laws require that they have multiple customers. It is acceptable in some professions such as IT to have a single customer that generates most of your income, as long as you are not "dependent" on that customer (whatever that means).

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