Business with Germany
Germany is the strongest economy in Europe and one of the most attractive business locations worldwide. Here you find more information.
|The Federal Republic of Germany is a state in Central Europe. It stretches over 357,121.41km² and has borders with nine neighboring countries: |
• Czech Republic
|The capital and headquarters of government is Berlin. Six ministries still remain in the former capital Bonn (until 1999).|
|In 2016, Germany had approximately 82.5 million inhabitants. This equals a population density of 231 inhabitants per km². About 3.6 million people live in the capital Berlin.|
|About 51% of the population are female. According to estimations by the Federal Statistical Office in 2016, 22.5% of the population had immigrant backgrounds. Migrants mainly came from: |
• Europe (67.7%, from European Union: 52.5%)
• Asia / Oceania (18,6%)
• Middle East (12,4%)
The most common individual countries of origin are:
• Turkey (15%)
• Poland (10%)
• The Russian Federation (6,58%)
|The official language in Germany is German. In addition to that, English is common as a business language. This is especially true for international companies. In the border regions, it is not uncommon that the official language of the respective neighboring country is spoken during business meetings, especially:|
|The Federal Republic has a direct connection to the Atlantic Ocean via the Northern and Baltic Sea. The German mainland coast is approximately 1,200 km long.|
|Germany is a parliamentary democracy. Head of state is the President (Bundespräsident); the government is headed by the chancellor (Bundeskanzler).|
|The official currency is the Euro. Currently, 1 Euro equals 38,87 THB (exchange rate February 19, 2018).|
|Germany has a federal structure and comprises 16 states (Bundesländer):|
• Schleswig Holstein
• Lower Saxony
• North Rhine-Westphalia
The federal states each have a parliament, government and capital. The legislative powers are distributed between the federal and state parliaments in the German constitution, with the majority of legislative powers lying with the federal parliament.
|New Year's Day||01 January 2019 (Tuesday)||Nationwide|
|Epiphany||06 January 2019 (Sunday)||Baden-Wuerttemberg, Bavaria and Saxony-Anhalt|
|International Women's Day||08 March 2019 (Friday)||Berlin|
|Good Friday||19 April 2019 (Friday)||Nationwide|
|Easter Sunday||21 April 2019 (Sunday)||Brandenburg|
|Easter Monday||22 April 2019 (Monday)||Nationwide|
|Labor Day||01 May 2019 (Wednesday)||Nationwide|
|Ascension Day||30 May 2019 (Thursday)||Nationwide|
|Pentecost||09 June 2019 (Sunday)||Brandenburg|
|Pentecost Monday||10 June 2019 (Monday)||Nationwide|
|Corpus Christi||20 June 2019 (Thursday)||Baden-Wuerttemberg, Bavaria, Hesse, North Rhine-Westphalia, Rhineland-Palatinate und Saarland|
|Assumption Day||15 August 2019 (Thursday)||Bavaria und Saarland|
|German Unification Day||03 October 2019 (Thursday)||Nationwide|
|Reformation Day||31 October 2019 (Thursday)||Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt und Thuringia|
|All Hallows' Day||01 November 2019 (Friday)||Baden-Wuerttemberg, Bavaria, North Rhine-Westphalia, Rhineland-Palatinate und Saarland|
|Day of Prayer and Repetance||20 November 2019 (Wednesday)||Saxony|
|Christmas Day||25 December 2019 (Wednesday)||Nationwide|
|2nd Day of Christmas||26 December 2019 (Thursday)||Nationwide|
Tax and Legal
|Legal Restrictions||Freedom of trade is granted in the German constitution. This is reflected in the comparatively liberal laws governing trade, most importantly the trade code (GewO). In principle, this also applies to foreigners wishing to work in Germany. |
However, restrictions for foreigners may derive from German immigration law, especially from the Residence Act (Aufenthaltsgesetz) and the Immigration Act (Zuwanderungsgesetz).
Foreigners who want to pursue an occupation in Germany usually need a residence permit, which expressly allows the employment (Aufenthaltserlaubnis) or inherently gives the holder the right to work in Germany (Niederlassungserlaubnis).
As of 01.08.2012, the prerequisites under which foreign nationals may engage in self-employment in Germany have been lowered significantly. There is no longer a minimum sum that has to be invested or a minimum number of jobs that have to be created.
In order to get a residence permit for self-employed activities, the foreigner will have to show that there is an economic interest or local need for the proposed activity, that the proposed activity will have a positive effect on the economy and that the financing of the project is secured through either equity capital or a loan commitment.
The responsible governmental authority will evaluate each case individually and also consider aspects of communal politics. The alien authorities have wide discretion in these matters.
A corresponding residence permit is also required for employed work.
The application for a residence permit with permission to work should include a conclusive job offer or a contract of employment as well as a job description that is to be filled out by the employer.
DThe permission is usually granted if the employment of foreigners does not have negative effects on the labor market, no preferred employees (German citizens, EU-citizens, citizens of EEA-Members) are available and foreign employees are not employed under less favorable conditions than Germans.
3) Business Visa
Foreigners who want conduct business in Germany without transferring their permanent residence to the Federal Republic need a business visa.
4) EU und EEA
EU-citizens, citizens of EEA member states and their spouses can perform employed or self-employed work in Germany under the same conditions that apply to German nationals.
5) Foreign Legal Entities
Foreign Legal Entities do not need a specific license or permission in order to conduct business in Germany. They are subject to the same regulations that apply to German legal entities.
Foreign legal entities from outside of the EU only have legal capacity under German law if they are recognized as legally capable under the law of the place of founding. In addition to that, the entity must prove that its administrative center and its substantial business center are at the place of founding.
|Forms of Establishment||German corporate law recognized various types of legal entities. |
A basic distinction is made between private and public companies. The main difference between the two company forms is that shareholders in a private company are usually liable with their private property for company liabilities.
The most common private companies are the
• Civil law partnership (GbR)
• General partnership (OHG)
• Limited partnership (KG)
Among the capital companies, practically relevant are especially the
• Limited company (GmbH)
• Stock corporation (AG)
The basic structures of German companies are similar to those of Thai companies, but differ in details.Differences arise mainly with regard to the founding process.
Apart from establishing a new company, there are several other ways to become active in Germany:
Foreign entities can establish a dependent (without its own bookkeeping) or independent branch. While the latter does not, in itself, have legal capacity, it conducts its work economically independent from the foreign entity. For foreign citizens who want to move to Germany in order to work for the inland establishments, the aforementioned restrictions apply.
A German citizen can represent one or several foreign entities as a commercial representative.
Foreign companies may also form a joint venture with German companies. All forms of corporations can be used in all possible combinations.
|Labor Law||As of now, there is no conclusive labor act in Germany. Relevant legislation can be found in numerous individual legislations. These include in particular the German Civil Code (BGB) and the Labor Court Act (ArbGG).|
The statutory minimum wage in Germany is €8.50.
Workers are covered by mandatory social insurance. Contributions to social security are paid pro rata by the employer and the employee.
Special provisions to protect employees are found in various legislations such as the Maternity Protection Act (MuSchG). In general, the daily working time must not exceed 8 hours. No work may be conducted on Sundays and public holidays. There are, however numerous exceptions to this rule.
Special regulations on salaries and working hours may arise in particular from collective agreements. Here the Collective Agreements Act (TVG) must be observed. Work councils are formed based on the Works Council Constitution Act (BetrVG).
Employment contracts are usually concluded indefinitely. Time limitations are possible under certain restricted statutory conditions.
In case of termination, both the provisions made in the BGB and applicable sections in the Employment Protection Act (KSchG) need to be observed. For indefinite employment contracts, the statutory periods of notice are to be observed. A termination without notice is only possible if the contract is terminated for a serious reason.
Furthermore, the General Equal Treatment Act (AGG), and European regulations must be observed.
Special labor courts are responsible for labor related disputes.
|Taxes in Germany||Taxes in Germany derive from a number of different statutes. In accordance with Germany’s federal structure, taxes are collected on three levels: federal, state and communal.|
Among the taxes collected, the following are the most important:
• Income tax
• Corporate tax
• Turnover tax
• Withholding tax (common tax)
• Energy tax
• Tobacco tax
• Liquor tax
• Coffee tax
• Insurance tax
• Vehicle tax
• Electricity tax
• Solidarity surcharge (federal level)
• Inheritance tax
• Real estate tax
• Race bettin and lottery tax (state level)
• Trade tax
• Land tax (communal level)
Special financial courts are responsible for legal disputes concerning tax issues.
There is a double taxation agreement between Germany and Thailand regarding the taxation of income.
|Import and Export|| Germany is a member of the European Union (EU). |
In principle the import of goods from Thailand into Germany is not subject to special restrictions.
Exceptions are listed in the Annex to the Federal Act on Foreign Trade (Außenwirtschaftsgesetz). Further restrictions may derive from the applicable customs law or EU Regulations.
Similar regulations also apply for the import of goods into Thailand. Special provisions for certain goods are made in the Export and Import Act and the List of Goods under Import Control.
Import duty in Thailand is raised in accordance with the Brussels Nomenclature (HS-Code). Customs rates usually depend on the value of the goods.
|Legal Proceedings|| Thai judgments are neither recognized nor enforced in Germany. As regards foreign arbitration decisions, enforcement is much less complicated and more promising due to international agreements.|
*All information has been researched to the best of our knowledge and with the utmost care. Nevertheless, no liability is assumed for accuracy and completeness. This section is only intended to give a general overview over relevant legal regulations in Thailand. It is not designed to replace the consultation of a qualified lawyer.
|Geographic Location||Due to its geographical position, Germany is a key transportation hub in Europe.|
|Infrastructure||Germany possesses a well developed road and rail network as well as several international airports (including Frankfurt/Main and Munich). |
With a nominal gross domestic product (GDP) of 2.9 trillion Euros in 2014, Germany is the largest economy in Europe and the fourth largest in the world. In Addition, Germany was the third largest importer and exporter worldwide, measured by the value of goods.
Within the European Union, Germany is Thailand’s most important trading partner.
|Global Business||By far the largest part of the total economic output in Germany is generated by the service industry (73,8%).|
It is followed by the industrial sector (25.5%). Only 0.7% of the total economic output can be attributed to the agricultural sector.
Mining has a long tradition in Germany. The country possesses several mineral resources including coal, noble salts, industrial metals and building materials as well as silver, iron and tin. As an industrial country, Germany specializes in global raw material imports of all kinds.
|Growth|| In 2014, the number of employees subject to social security contributions exceeded 42 million for the first time in history. On annual average about 2 million people were unemployed. This is the lowest figure in 20 years.|
Compared to the previous year, the German economy grew by 1.6% in 2014. For 2015, economists expect a growth rate of about 1.6%. The reason for the comparatively slow growth in the last year is the continuing debt crisis in Europe.
External trade continues its dynamic development: In 2014, the export rate reached 40.0%, die import dependency rate 35.3%. This is equivalent to an export surplus of 217 billion Euros.
|Stable Framework||Germany provides stable political and financial framework conditions and an overall good investment climate. |
Key branches of the German economy include the:
• Automotive industry
• Electric industry
• Gastronomy and tourism industry
• ICT sector
• Machinery and plant construction
Important German export goods are mainly:
• Vehicles and motor vehicle parts
• Chemical products
The most important primary energy source in Germany is mineral oil (35.0%). An additional 24.6% of the primary energy consumption are covered using coal; about 8.1% come from nuclear power and 20.4% from natural gas.
The proportion of energy from renewable sources has been growing consistently in recent years. In 2014, the share in primary energy consumption amounted to 11.1%.
The largest energy consumer in 2014 was the industry with a share of 49%, followed by private consumers (25%), the trade and services sector (24%) and the transport sector (2%).