Before going abroad, there is planning. This also raises the question of the social insurance. Do I stay insured in Germany? What do I have to consider? Indeed, in view of the abundance of regulations, there could be major obstacles to jump over. The career bible has the most important information …
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Working abroad: what about social security?
There are different scenarios for a job abroad. Probably the two most common:
- Scenario 1: The employee takes a job with an employer abroad, completely relocates his place of residence and work to the new country. The local legal provisions apply to him and he has to take out social insurance at the place of work. Basically that applies Principle of territoriality. It says that the social security of the country in which you are employed applies, so it includes health, long-term care, pension, accident and unemployment insurance.
- Scenario 2: The employee is posted abroad by his German employer – for one limited time or a project. In this case, things could get a lot trickier. In principle, the principle of territoriality also applies here. But: Under certain conditions, the German legal provisions can remain in place.
Social security: principle of broadcasting
Then namely when the so-called Charisma engages. The regulation is intended to ensure that employment abroad does not lead to disadvantages for the employee.
For employees this means: you have to go before your stay abroad First of all, clarify – preferably together with your employer and health insurance company – whether you are still subject to German jurisdiction exclusively or in part.
This is for retirement in case of illness or important if you are unemployed. And in the second step, whether and how you can close possible insurance gaps, you should also take out social insurance in the new country.
Here plays next to the Posting duration In particular, the place of employment also plays a role.
Working abroad: where is insured?
- EU: If you are posted to a country in the European Union, European regulations apply. Rule of thumb: If you have not been employed there for more than twelve months, your German social security protection will continue to apply. They are exclusively subject to German case law.
- Non-EU countries: Here you basically have to take out social insurance for yourself. However, the Federal Republic of Germany has signed bilateral social security agreements with a number of countries, which apply in such cases. For many, it is primarily about pension payments abroad. Means: The agreements do not necessarily cover all social benefits. Employees must fill any gaps themselves. A list of the special agreements can be found below.
For countries in non-EU countries with which there is no agreement, you must also protect yourself in accordance with the principle of territoriality. But here, too, there are exceptions: If your new job is primarily in Germany, if you receive your salary here and pay tax, for example, then the German social insurance will continue to apply. Prerequisite: Your employment relationship was already subject to German case law, your place of residence was in Germany.
- Australia: Agreement on Pension Insurance
- Bosnia Herzegovina: Pension, accident, unemployment and health insurance as well as child benefit
- Brazil: Pension and accident insurance
- Chile: Pension
- China: Posting agreements to avoid double insurance
- India: Posting agreements to avoid double insurance
- Israel: Pension and accident insurance, maternity assistance in health insurance
- Japan: Pension
- Canada and Quebec: Pension, with Quebec additional benefits in kind in the accident insurance
- Kosovo: Pension, accident, unemployment and health insurance as well as child benefit
- Morocco: Pension, accident and health insurance as well as child benefit
- Macedonia: Pension, accident, unemployment and health insurance
- Montenegro: Pension, accident, unemployment and health insurance as well as child benefit
- Philippines: Pension
- Serbia: Pension, accident, unemployment and health insurance as well as child benefit
- South Korea: Pension
- Turkey: Pension, accident and health insurance as well as child benefit
- Tunisia: Pension, accident and health insurance as well as child benefit
- Uruguay: Pension
- USA: Pension
Social security: the certificate of exemption
In principle, employers and employees also have the option of posting a Certificate of Exemption to apply, with which the German case law remains valid. In Germany, this is usually issued by the responsible health insurance company.
Insured persons who are not members of a statutory health insurance company will either receive the certificate from the German pension insurance or in the case of membership in a professional pension institution through the Association of Professional Pension Institutions. The application for issuance for the Posting certificate is available on the Internet on the website of the German Liaison Office for Health Insurance Abroad (DVKA).
With which countries does Germany have social security agreements?
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