# Maximum how many days I can spent in my own country as a foreign employee in Germen?



## vistek (7 mo ago)

Hello everybody,

I am starting to work in a company in Germany and I am moving to Germany. The job I will be working in is a completely remote job. But I need to be an employee in Germany. I want to spend most of my time in my own country. Do you know how many days at most I can spend in my own country?

Thanks for your answers in advance,
Volkan


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## *Sunshine* (Mar 13, 2016)

Have you discussed this with your employer? German employers are allowed to insist that you conduct your remote work at your home in Germany for liability reasons.


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## vistek (7 mo ago)

Hi Sunsine,
Yes, We have already discussed it. They are completely ok me working anywhere if it ok for the German State or laws. So I'm trying to learn how long I can stay out of Germany without losing my work permit. Do you know any laws or rules for that?


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## *Sunshine* (Mar 13, 2016)

vistek said:


> They are completely ok me working anywhere if it ok for the German State or laws.


The German laws have not caught up with remote workers and there are different issues making it difficult to comply with all regulations. You should start by contacting your _Unfallkasse_.


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## Bevdeforges (Nov 16, 2007)

Not sure how it is applied in Germany, but generally speaking you are considered to be working in the country where you are physically located while performing the work. That means that the country you are living in can require you to pay its taxes and join its social security system while you are in the country. You may want to contact the Labor Department of your home country to ask how they view remote workers working in the country for companies in Germany.


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## vistek (7 mo ago)

*Sunshine* said:


> The German laws have not caught up with remote workers and there are different issues making it difficult to comply with all regulations. You should start by contacting your _Unfallkasse_.


Thanks for your suggestion but it is not possible according to agreements with the company and the customers of the company. I have to be an employee in the company in German. I can work at home anytime I want. It is a company offers. As I understand this home should be in Germany. I try to understand, how long I could stay out of Germany in a year to continue to be an employee in the country


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## vistek (7 mo ago)

Bevdeforges said:


> Not sure how it is applied in Germany, but generally speaking you are considered to be working in the country where you are physically located while performing the work. That means that the country you are living in can require you to pay its taxes and join its social security system while you are in the country. You may want to contact the Labor Department of your home country to ask how they view remote workers working in the country for companies in Germany.


Bevdeforges many thanks for your reply. I'm gonna give taxes to German and I'm gonna use the German social security system and rent a house in German. But I'm not a citizen of the German. I would like to spend a couple of months in other countries. Do you know how long I can stay out of Germany so my work permit is still active? I heard there is a rule for it.


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## *Sunshine* (Mar 13, 2016)

vistek said:


> Thanks for your suggestion but it is not possible according to agreements with the company and the customers of the company. I have to be an employee in the company in German.


If you don't want to live in Germany, don't take the job. 

If your employer is actually contractually bound to have its employees in Germany and not willing to change their contracts, you're going to need a very good lawyer who knows the laws of both countries including any double taxation/social security agreements.


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## Bevdeforges (Nov 16, 2007)

vistek said:


> I'm gonna give taxes to German and I'm gonna use the German social security system and rent a house in German.


Unfortunately, you don't get to choose who you pay your taxes and social security to. Do you have a visa to live in Germany? That's where your work permit comes from - if you don't actually reside in Germany, then you don't have a work permit to work there. It takes more than just renting a house to be considered resident in Germany.


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## ALKB (Jan 20, 2012)

vistek said:


> Bevdeforges many thanks for your reply. I'm gonna give taxes to German and I'm gonna use the German social security system and rent a house in German. But I'm not a citizen of the German. I would like to spend a couple of months in other countries. Do you know how long I can stay out of Germany so my work permit is still active? I heard there is a rule for it.


The rules usually reference a consecutive stay outside Germany but that does not mean that numerous absences during the year amounting to spending more time outside of Germany than within, will not flag up and lead to further questioning/investigation.

How long you can stay outside of Germany depends on the type of residence permit you will hold. Most residence permits are invalidated by stays of six months or more outside of Germany. Exceptions apply.

A BlueCard holder can stay up to 12 months outside of Germany.

This is just the residence permit aspect though. Taxes, social security systems, insurances are all affected by not only your official place of residence but your place of habitual residence.

I think you will need an expert who can look at your work contract, who knows both German laws and the laws of your home country who can then give you a qualified opinion about your specific set of circumstances. I don´t think an internet forum is the right place for this.


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## Ameliagrace (7 mo ago)

I am starting to work in a company in _Germany_ and I am moving to _Germany_. _The_ job I _will_ be working in is a completely remote job. But I need to ...


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