General rules (for private domestic staff recruited abroad):

In accordance with the provisions of the Vienna Conventions on Diplomatic and Consular Relations (VCDR and VCCR), the Federal Foreign Office grants home-based members of the diplomatic missions and career consular posts in Germany the right to hire private domestic staff recruited abroad for employment exclusively in their own household in line with the following rules.

The Federal Foreign Office is obliged to ensure that all laws and regulations applicable in Germany to the employment of private domestic staff are adhered to and therefore attaches great importance to compliance with all rules set forth below. It should be expressly noted that the Federal Foreign Office may, if minimum labour standards are violated, request termination of the employment and refuse permission for anyone else to be hired.

The basis for employment under private law is the attached specimen contract of employment, which must be used for all new hires. (Annex PP2-en).

The minimum net wage for the employment of private domestic staff is the current statutory minimum wage. Wages paid to existing staff must be increased in line with any increase in the statutory minimum wage.

The Federal Foreign attaches great importance to ensuring that private domestic workers are informed about their rights and obligations. For example, the information event for private domestic workers that has been taking place annually since 2012 in the Federal Foreign serves as a forum for this group of people and the personal discussions when the protocol card is handed out.

Rules and requirements for employers:

Members of the home-based staff may employ one (1) member of private domestic staff.

For heads of mission:

Heads of diplomatic missions may employ up to three (3) members of private domestic staff..

Heads of career consular posts may employ up to two (2) members of private domestic staff.

The Federal Foreign Office cannot give approval for family members or relatives of the employer to be employed as private domestic staff.

Under these rules, German and permanently resident members of diplomatic missions or career consular posts are not permitted to employ private domestic staff recruited abroad. They may only employ staff recruited from the German labour market.

They may only enter Germany once their employer has arrived and been registered with the Federal Foreign Office. At all events, the prior consent of the Federal Foreign Office and the issuance of the appropriate entry visa is required before they may enter the country. As a rule, it is not possible for employers and employees to enter the country at the same time.

Whilst in Germany, private domestic staff are not permitted to change employer. The “sharing” or “lending” of private domestic staff to other persons is likewise not permitted. Private domestic staff who pursue an activity other than that approved by the Federal Foreign Office or who do not live in their employer’s household must leave Germany without delay.

The Federal Foreign Office requests employers

• to release their private domestic staff from their duties in order to collect their protocol cards (Protokollausweise) from the Protocol Division of the Federal Foreign Office and

• to encourage and enable their private domestic staff to attend the annual information event at the Federal Foreign Office on the rights and obligations of private domestic staff..

Rules and requirements for employees:

Private domestic staff must be at least 18 years old upon commencement of employment.

The Federal Foreign Office assumes that private domestic workers also move outside the employer's household, communicate independently with local authorities and interact socially. Basic knowledge of German or English and participation in language courses are therefore encouraged.

Family members are not permitted to accompany private domestic staff to Germany or to join them subsequently..

Insurance liability of private domestic staff:

With regard to the social security insurance of private domestic staff, see Article 33 of the Vienna Convention on Diplomatic Relations and Article 48 of the Vienna Convention on Consular Relations.

There can be no exemption to the rule that proof must be provided of adequate health insurance cover in Germany with an insurance company recognised in Germany. Proof of adequate health insurance cover must be provided when the member of private domestic staff is registered. This may be certified using Annex PA6 only. Please fill in the name of the employer as the insurance partner (Versicherungsnehmer) and the employee as beneficiary (Begünstigter)..

You are strongly advised to undertake the formalities required to take out health insurance for Germany as early as possible..

The Federal Foreign Office should be informed without delay of any changes to private domestic staff’s health insurance made during their stay in Germany (Annex PA6 ENG).

Tax liability of private domestic staff:

The wage paid to private domestic staff who are neither nationals of the receiving State nor permanently resident in the receiving State and who are employed in the household of a member of the diplomatic mission is exempt from tax (Article 37 (4) of the VCDR).

If they are employed in the household of a member of a career consular post, please note the obligation to pay income tax in line with German tax law (Article 49 (3) VCCR).

Entry and registration formalities

Prior to entry

Requirement for approval and notification

Approval is required for the employment of private domestic staff. Requests for such approval must be submitted in good time before the person enters Germany to the Federal Foreign Office with a Note Verbale from the diplomatic mission (Annex PP1).

Requests for approval must contain the personal information and nationality of the member of private domestic staff by providing a copy of their passport and the work contract (Annex PP2). These must be submitted together with the employer’s declaration of commitment (Annex PP2-en and Annex PP3_Erklärung_ENG).

In the Note Verbale, the diplomatic mission must confirm that:

• reciprocity is guaranteed,
• the employer has concluded a written contract of employment with the employee (in line with the specimen provided, Annex PP2-en),
• the employer will bear the cost of the employee’s travel to Germany for the purpose of entering into employment here,
• the employee:
  - will be paid a monthly net wage of at least the current valid statutory minimum wage ,
  - will be provided with board and lodging, with no deduction made from the wage (for minimum wage levels, see above) to cover this ,
  - the wages are to be paid into a bank account in the employee’s name in Germany; the Federal Foreign Office must see evidence that such an account has been opened for the employee within one month of issuing the protocol card,
  - the employer will at all times allow the employee full control over their bank account and the relevant bank card, as well as their passport and protocol card,
• health insurance will be taken out for the employee and maintained by the payment of regular contributions by the employer, the cost of which shall not be deducted from the wage (for minimum wage levels, see above),
• the employer will assume the taxes due on the employee’s wage,
• the other statutory minimum labour and social standards applicable in Germany, such as those contained in the Federal Annual Minimum Holiday Act (Bundesurlaubsgesetz), the Act on the Protection of Working Mothers (Mutterschutzgesetz) or the rules on paid sick leave, will also be complied with,
• the employee will be provided with a room of their own in the employer’s household and will receive at least three full meals each day (breakfast, lunch and dinner) free of charge,
• once the employment contract has expired (but after no more than five years of employment) or in the case of the premature termination of the employment contract (either by the employer or by the employee), the employer will assume the cost of the employee’s return to their country of origin.

Visa application and supporting documentation

All private domestic staff recruited abroad requires a visa to enter Germany. The visa should be applied for at least 3 months prior to the planned entry and in person from the responsible German mission abroad in the employee’s place of residence.

It is not permissible to enter Germany with a residence permit or protocol card issued by another EU state. In this case no protocol card can be issued and the employee will be instructed to leave Germany immediately. .

The following supporting documents must be submitted with the visa application:

• a declaration by the member of private domestic staff and a declaration of commitment by the employer (specimen in Annex PP3_Erklärung_ENG),
• a completed contract of employment, signed by the employer and employee (specimen contract of employment for private domestic staff - Annex PP2-en).

The entry visa can only be issued by the responsible German mission abroad once the employer has arrived in Germany and been registered with the Federal Foreign Office. The responsible German diplomatic mission abroad issues the private domestic worker an entry visa limited to one month. A travel health insurance policy valid for the duration of the visa must be presented when collecting the visa..

Subsequent to entry

Within 14 days of the member of private domestic staff entering Germany, the diplomatic mission must apply for a protocol card for them by sending a Note Verbale and the relevant application form to the Federal Foreign Office (Division 703).

The following documents must be submitted along with the Note Verbale:

A protocol card will be issued for a period of up to one year.

Extension of protocol cards

When a protocol card expires, a new one must be applied for from the Federal Foreign Office. The following documents must be submitted along with the application:

The Federal Foreign Office invites private domestic servants living in Berlin and Brandenburg for an interview in person when extending their protocol card. So, as a matter of principle, members of private domestic staff have to collect their protocol cards themselves.

In the case of private domestic staff living outside Berlin or Brandenburg, this personal interview takes place on the phone or via video chat.

Disclosure requirements

The Federal Foreign Office must be informed without delay of any change in the personal status of a member of private domestic staff (e.g. marriage or birth of child in Germany).

Deregistration and obligation of private domestic staff to leave the country

Private domestic staff are permitted to reside in Germany for the sole purpose of employment in the household of a home-based member of a diplomatic mission or career consular post. Private domestic staff are therefore obliged to leave Germany immediately after termination of their employment.

Their stay in Germany ends upon termination of their employment and may be no longer than five years.

The employer is responsible for ensuring that private domestic staff leave Germany immediately upon termination of their employment. The employer will bear the cost of the journey back to their country of origin, regardless of the reasons for the termination of employment. Confirmation of departure from Germany must be provided and the protocol card returned with the return form (Annex PA5).

The procedure for deregistration is described in Deregistration and return of the protocol card.

Private domestic staff may enter Germany again after one year or more has passed in order to take up a new position as private domestic staff.