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Implementation of the proof of employment Act (NachweisG)

Mandatory compliance steps under Germany’s Proof of Employment Act are outlined here for business trips exceeding 30 days.

Written by Hazem Emad

1) NachweisG – Requirements for Business Trips from Germany Exceeding 30 Days

According to § 2 (2) of the Proof of Employment Act (NachweisG), the following additional information must be provided before a business trip or assignment abroad exceeding 4 weeks (30 days):

  • The country or countries to which the employee is being sent

  • The duration of the stay

  • The currency in which the remuneration will be paid

  • Any additional benefits granted abroad (e.g., accommodation, per diems, travel expenses)

  • Information regarding the return – i.e., when and under what circumstances the return is planned


2) Legal Documentation Requirements and System Capabilities

The law requires an additional document or contract addendum that covers all legally required points for international assignments or trips from Germany lasting longer than 30 days.

Currently, the following information is successfully captured by WorkFlex:

  • Country of the trip

  • Start and end dates of the trip, including formalized return conditions (when & how)

However, the following required information is not available within the system:

  • Base salary and currency

  • Additional benefits

As the platform generates standardized PDFs that cannot be manually edited, a finalized document is not provided directly by WorkFlex. Instead, the following compliance workflow is implemented:


Solution: Attention E-mail to HR/Employee

To ensure compliance without causing notification fatigue, a single, consolidated warning e-mail is generated. It is anticipated that only a limited number of trips will simultaneously meet the following criteria:

  • Need a visa

  • Last longer than 30 days

  • Go to a destination with a safety warning

Therefore, the required information is integrated directly into the labor law sub-assessment. Clients are provided with an attention notice to ensure awareness, enabling all trips to be kept fully compliant.


Important Notice Regarding Business Trips Exceeding 30 Days

In accordance with § 2 (2) of the German Nachweisgesetz, employees assigned abroad for more than four consecutive weeks must be provided with specific written information before their departure and while they are still in Germany. This obligation applies to all business trips or postings lasting over 30 days.

The written notification must clearly outline the key terms of the assignment abroad, including the start date and expected duration, the country and location of the assignment, the currency and method of payment, any additional allowances or benefits granted during the time abroad, and the conditions for the employee’s return to Germany.

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