To navigate these hurdles and post workers legally, employers must establish a genuine posting model. A residence and work permit from Croatia or Slovenia does not automatically authorize work in Germany. A Vander Elst or national visa remains necessary. The sending company must not be a letterbox company. It must demonstrate actual business activity in the sending country, such as Poland, Croatia, or Slovenia.
The sending company must perform its own contracted service in Germany and retain organizational control over the worker. The worker must have a genuine, lawful employment relationship in the sending country before the posting. They must work only in the jobs and for the employer listed on their permit.
The Croatian Pension Insurance Institute, or the equivalent body in the sending state, must issue an A1 certificate for each worker. This certificate proves that the sending country's social security laws apply during the assignment. Employers must keep key compliance documents at the German workplace for inspections. These documents include the employment contract, the A1 certificate, the service contract, the posting letter, timesheets, and payroll records.
