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Hiring foreign subcontractors in Germany: the complete compliance guide
German construction could not run without foreign subcontractors — but every posting comes with its own package of obligations: posting notification, A1-Bescheinigung, Mindestlohn, SOKA-BAU, residence permits. Know it and document it, and you work in peace; ignore it, and you get to meet the FKS (German customs).
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EU/EEA or third country? The first fork in the road
Before hiring a foreign subcontractor (Nachunternehmer, NU), one question must be answered first: is the company based in the EU/EEA or in a third country? For EU/EEA subcontractors, the freedom to provide services applies — the company may work in Germany with its own staff but must comply with the German posting rules. With third-country nationals (even when they are employed by an EU company!), German residence law comes on top — and this is where the most expensive mistakes happen.
The obligations package for EU postings
- Posting notification (Entsendemeldung): The foreign employer must register the employment via the German customs (Zoll) reporting portal before work begins (§18 AEntG). Ask to see the filing confirmation and keep it in the subcontractor file.
- A1 certificate (A1-Bescheinigung) for each worker — the proof of home-country social security coverage; without it, German social security law applies by default from day one.
- Mindestlohn + sector minimum wages: German minimum working conditions apply from day one; working time records must be kept available in German.
- SOKA-BAU holiday fund scheme: Posting construction companies participate in the Urlaubskassenverfahren — request the participation certificate. The details, and the general contractor's guarantor liability, are explained in our article on SOKA-BAU and subcontractors.
- Trade law: For licensed trades, notification to the chamber of skilled crafts (Handwerkskammer, under the EU/EEA crafts regulation) — keep the acknowledgement in the file.
Third-country nationals: the highest risk
Check residence permits — always, per person: If your subcontractor deploys third-country nationals without the required residence permit (Aufenthaltstitel) plus work authorization, substantial fines follow; on top of that, as general contractor you can be held liable for the wages of illegally employed workers in the subcontractor chain (§98a AufenthG). Copies of ID and permit for each worker belong in your records before the first day of work.
The language barrier is the real compliance problem
Most gaps do not come from bad intent — they happen because the Romanian foreman simply does not understand the German email with the document list. Three levers help immediately:
- Send document requests bilingually — build the templates once, use them forever
- Frictionless upload channels: a link instead of a login, a phone photo instead of a scanner
- Automated reminders in the worker's native language — response rates rise dramatically
And because A1 certificates, SOKA certificates, and residence permits all expire, you also need ongoing deadline management for certificates (in German) — a one-time check at onboarding is not enough.
Onboarding checklist at a glance
- Posting notification (customs portal) ✓ A1 per worker ✓ SOKA participation ✓
- Handwerkskammer notification for licensed trades ✓ Residence/work permit for third-country nationals ✓
- Mindestlohn compliance declaration + working time records ✓
- §48b exemption certificate (Freistellungsbescheinigung), business liability insurance, home-country business registration ✓
- Everything filed per person and per project, deadlines tracked ✓
Which of these documents are mandatory for German subcontractors too, and what a complete subcontractor file looks like, is covered in the subcontractor document checklist.
📥 Free download: onboarding checklist for foreign subcontractors (PDF, DE/PL)
Posting notification, A1, SOKA, residence permits — every mandatory item to tick off, bilingual German/Polish. No spam, just the template and the occasional practical tip on subcontractor compliance.
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Frequently asked questions about foreign subcontractors
Which documents do I need from a foreign subcontractor in Germany?
At a minimum: confirmation of the posting notification filed via the German customs reporting portal, an A1 certificate (A1-Bescheinigung) for every worker deployed, proof of participation in the SOKA-BAU holiday fund scheme, a minimum wage (Mindestlohn) compliance declaration, the chamber of crafts (Handwerkskammer) notification for licensed trades, plus the §48b EStG exemption certificate (Freistellungsbescheinigung), business liability insurance, and the home-country business registration. For non-EU nationals, add a residence permit and work permit per person.
What is the posting notification (Entsendemeldung) and who has to file it?
Under §18 AEntG, the foreign employer must register the employment of its posted workers before work begins via the German customs (Zoll) reporting portal (meldeportal-mindestlohn.de). The posting company is responsible, not the general contractor – but ask to see the filing confirmation and keep it in the subcontractor file, because during an inspection it is your construction site that is under scrutiny.
May an EU subcontractor deploy non-EU nationals in Germany?
Only with the required residence permit (Aufenthaltstitel) authorizing employment in Germany – being employed by an EU company is not enough on its own. If your subcontractor deploys non-EU nationals without a valid permit, substantial fines follow, and under §98a AufenthG you as general contractor can be held liable for the wages of illegally employed workers in the subcontractor chain. Copies of ID and permit therefore belong in your records, per person, before the first day of work.
Does the German minimum wage apply to posted workers?
Yes, from the first day of work in Germany – regardless of what the employment contract in the home country says. On top of the statutory Mindestlohn, the universally binding sector minimum wages for construction apply. Working time records must be kept available in German, and as general contractor you are liable for minimum wage violations in your subcontractor chain under general contractor liability.
How BauDokumente.de manages your foreign subcontractors automatically
BauDokumente.de communicates with your subcontractors in 13 languages — document requests, upload portal, and reminders automatically in the subcontractor's native language:
- All subcontractor certificates in one place — AI detects document type, issuer, and expiry date automatically
- Traffic-light dashboard: green, yellow, red — you see at a glance where action is needed
- Automatic reminders 30 / 14 / 7 / 1 day before expiry — to you and your subcontractor
- Subcontractors upload without an account, in 13 languages — higher response rates, no chasing by phone
- Audit-proof PDF compliance report for tax audits, customs (Zoll), and your clients
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Note: This article is provided for general information only and is no substitute for legal or tax advice. Last updated: June 2026.