Insurance law

  • I am being posted abroad by my employer for a certain period of time. What do I need to be aware of and does it matter which country it is?

    Different posting periods apply depending on the country in which you will be carrying out the activity, and those periods are contained in EU law or bilateral conventions on social security or are specified by Book IV of the German Social Code (Viertes Buch Sozialgesetzbuch – SGB IV) and the case law. You should notify the competent sickness insurance institution in good time before your posting so that, if necessary, a certificate attesting to the applicable law can be issued to you. Information on this can be obtained from your statutory sickness insurance institution, the Deutsche Verbindungsstelle Krankenversicherung – Ausland (Foreign Liaison Body of the German Sickness Insurance Institutions – DVKA) or the Deutsche Rentenversicherung Bund (German Pension Insurance Association). Further information can be found in the fact sheet on posting.

  • My short-term assignments abroad cannot be planned. Am I still covered by accident insurance even if I cannot give notice of such assignments in advance, and am I entitled to benefits during the assignments?

    Yes. Provided that the conditions for a posting or for the continuing application of German legislation on compulsory insurance to a posting (‘Ausstrahlung’) are met during the assignment abroad, the worker remains covered under German statutory accident insurance. If the worker sustains an accident at work or contracts an occupational disease while working abroad, temporary assistance in the form of benefits in kind is provided in certain countries. In all other cases (when staying in countries with which Germany has not concluded a convention on social security), the costs of treatment must be paid and then notified to the competent sickness insurance institution, together with the relevant invoices, so that the costs can be reimbursed.

  • Is it also possible to take out voluntary accident insurance for an activity carried out abroad?

    If the continuation of German statutory accident insurance cover for an activity in a country with which Germany is not linked by EC regulations or a convention on social security is not permitted under German social security law, for example because the requirements for the continuing application of German legislation on compulsory insurance to a posting (‘Ausstrahlung’) are not met, it is in principle possible to take out voluntary insurance for short-term work abroad (Auslandsversicherung – AUV). It is offered by a number of accident insurance institutions so as to ensure that employees remain covered by German statutory accident insurance (Section 140 et seq. of Book VII of the German Social Code (Siebtes Buch Sozialgesetzbuch – SGB VII). In the case of activities carried out abroad in Member States of the European Union, in the EEA States – Iceland, Liechtenstein and Norway – in Switzerland and in States with which Germany has concluded a convention on social security, the insurance cover is governed by supranational and intergovernmental law. It is therefore not usually possible or necessary to take out voluntary insurance for short-term work abroad in such cases.

  • I live in Germany and take up further employment in another EU Member State, an EEA State or Switzerland in addition to my work in Germany. Am I also insured against accidents in those countries?

    This depends on what proportion of your total activity is made up of your activity in Germany. If your activity in the State of residence reaches 25% of your total activity, both activities are subject to German law. If this is not the case, both activities are subject to the legislation of the other EU Member State.

    You should apply for the European Health Insurance Card and the A1 certificate attesting to the applicable legislation from your competent sickness insurance institution in good time before starting the additional activity abroad. Information on this can be obtained from your statutory sickness insurance institution or the Deutsche Verbindungsstelle Krankenversicherung – Ausland (Foreign Liaison Body of the German Sickness Insurance Institutions – DVKA), which also provides the application forms required to obtain an A1 certificate.

  • Is it also possible to ensure, in the interests of the persons concerned, the continued application of German social security law for an activity carried out abroad, contrary to the provisions of supranational and intergovernmental law?

    Yes. If it is in the interests of the persons concerned, it is possible to apply to the Deutsche Verbindungsstelle Krankenversicherung – Ausland (Foreign Liaison Body of the German Sickness Insurance Institutions – DVKA) for exemption agreements which establish an arrangement that derogates from the normal rules on the applicable law. The DVKA provides the required application forms online.

Contact

Foreign liaison body

Matthias Hauschild
Tel: +49 30 13001-1610

Vanessa Gieseke
Tel: +49 30 13001-1615

Theresa Müller
Tel: +49 30 13001-1614