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1.5 Locally employed staff
Locally employed staff are members of staff recruited exclusively on the German labour market and subject to the provisions of German labour law.
The following rules apply equally to locally employed staff at diplomatic missions and career consular posts, regardless of whether they are employed full-time, part-time, on a probationary basis or on a work placement/internship.
Even as employees of a diplomatic mission or career consular post, such staff are required to pay German social security contributions and income tax, unless exempted on the basis of EU law or an intergovernmental agreement (Social Insurance or Double Taxation Agreement).
Please also note the information on the labour, social and tax laws as applicable to the employment of local staff contained in Circular Note No. 25/2017 of 1 August 2017.
Registration and deregistration
Interns are not entitled to any immunities or privileges within the meaning of the two Vienna Conventions on diplomatic or consular relations. A formal registration with the Foreign Office is not required.
1.5.1 Locally employed staff who are German nationals or EU, EEA or Swiss nationals
The following documents must be submitted when recruiting these local employees:
Document | Note |
Note Verbale |
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Application form |
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Copy of identity card |
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At the end of the term of employment, these local employees must be deregistered by submitting the following documents:
Document | Note |
Note Verbale |
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Deregistration form |
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1.5.2 Locally employed staff recruited on the German labour market who are neither German nationals nor EU/EEA/Swiss nationals
Even as employees of a diplomatic mission or career consular post, the persons specified in the heading above are as a matter of principle not exempt from the obligation to obtain a residence permit.
The following documents must be submitted when recruiting these local employees:
Document | Note |
Note Verbale |
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Application form |
|
Copy of identity document |
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Copy of residence authorisation |
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At the end of the term of employment, these local employees must be deregistered by submitting the following documents:
Document | Note |
Note Verbale |
|
Deregistration form |
|
1.5.3 Former “imported staff”: locally employed staff recruited abroad who are neither German nationals nor EU/EEA/Swiss nationals
It is no longer possible for missions to recruit nationals of their own country in the sending State and employ them here as “imported staff”.
The previous rules will continue to apply to locally employed staff recruited abroad before 1 February 2010 until the termination of their employment (“grandfather clause”, Circular Note 28/2009).
These local employees are deregistered by submitting the following documents:
Document | Note |
Note Verbale |
|
Deregistation form |
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Protocol card(s) |
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Entering into other employment without permission
Locally employed staff recruited abroad are not permitted to take up gainful employment other than their work at the diplomatic mission or career consular post. Locally employed staff who take up other employment will have their protocol card withdrawn and the consent for their employment at the mission or post will be revoked. The foreign mission must ensure that they leave Germany immediately.
Change of status
It is possible to change the status of a locally employed member of staff recruited abroad (“imported staff”) to that of a home-based member of staff with the corresponding privileges once that person has left Germany and spent a reasonable period of time outside Germany (at least six months) and the sending State has notified the Federal Foreign Office accordingly and issued the person concerned with an official passport. It is not sufficient for the employee to make a mere pro forma departure from Germany for several weeks while retaining a residence there.
It is not possible to change the status of a home-based member of a foreign mission to that of a local employee.
List of locally employed staff
Lists of all locally employed staff (including the former “imported staff” with a protocol ID card who were recruited abroad before 1 February 2010) are to be submitted by the diplomatic mission to the Federal Foreign Office (Division 703) by 30 March each year. Separate lists should be submitted for the diplomatic mission and, where appropriate, consular posts. The following Excel form should be used for this and send exclusively in digital form to 703-002@diplo.de.
Note: Providing passport number and validity in the list of local staff is voluntary.
These lists are also to be sent directly to the competent financial authorities by the end of April each year.
Important circular notes:
Circular Note 30/2021 Staff lists
Circular Note 30/2021 Annex Information on data protection regarding locally employed staff
Circular Note 16/2014 Income tax, locally employed staff
Further information
Basic rules relating to labour, social and tax law
Circular note 25/2017