Posting to Germany

To European employees and self-employed persons who do not have permanent residence in Germany but work in the country temporarily, the basic principles of coordination are relevant (see Social security in Europe).

The principle of posting applies: If an employee takes up temporary employment in Germany as directed by his/her employer, this is referred to as the temporary posting of a worker. A self-employed artist or ceative can post himself/herself to Germany for temporary work (self-posting). The principle of posting applies to activities in another EU country for a period of up to 24 months.

A freelance stage designer from Slovenia works at a German theater for ten months. Can he/she register with a German insurance carrier?  

The responsible social security carrier in the state of residence (Slovenia) checks the formal requirements for (self-)posting. In this particular case, the requirement is that the stay in Germany must be limited to a certain period in advance. If this is the case, the social security law of the posting country (Slovenia, in this example) applies. This is certified by the Slovenian social security carrier using the A1 certificate
(Self-)posted workers may not additionally register with a German social insurance carrier. 
The National Association of Statutory Health Insurance Funds provides assistance and further information (in German language only!).

In addition, the stage designer should have a European Health Insurance Card (EHIC), which is issued by the health insurance that can also obtain information. An EHIC allows him/her to seek medical treatment in Germany that is billed to his/her health insurance.

If the stage designer is employed by the German theater, however, he/she is subject to the directives of the German employer. This constitutes dependent employment subject to social insurance contributions in Germany and not a posting. In this case, the employer is obligated to pay contributions to the German social security system.  

An artist from Romania (without health insurance in Romania) comes to Germany for a year on a residence scholarship. He/She is obligated to obtain health insurance in Germany. Is it possible and sensible to obtain coverage through the Artists’ Social Security Fund? Are there alternatives?

Health insurance coverage is mandatory in Germany, i.e. the artist must obtain medical insurance for the duration of his/her stay!
According to the Artists’ Social Security Act, in this example he/she is not subject to compulsory insurance because the stipendiary will be in Germany only temporarily and does not establish residence. 
During a scholarship-related (also self-financed) stay in Germany, he/she only has the option to obtain private health insurance (see International health insurance).

Important information for Germany-based theatre companies, orchestras, collectives etc.

What must be considered when artists from abroad (from a country within the EU) are contracted for a limited period? 

Collectives, theatre companies, orchestras or event organizers etc. should request an A1 certificate from all artists before allowing them to commence work. While there is no carrying requirement for this certificate and in case of very short posting periods of less than a week and for business trips on very short notice in general it can be applied for and submitted belatedly, retroactive premium payments and fines may have to be paid if the certificate is not available upon a possible check by the competent authorities.

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