Does the employer have to provide accommodation in Germany for foreign workers?

Is there a general legal duty for employers in Germany to house foreign workers?

No general rule in German law obliges you to provide accommodation to a foreign worker. Duties are tied to particular situations, above all seasonal employment, shared accommodation and posting from abroad. Housing can still matter in the employment approval procedure. The law requires that a foreign worker is not employed on less favourable working conditions than comparable domestic workers, and you must give the Federal Employment Agency information on pay, working time and other working conditions (§ 39 AufenthG). In seasonal employment that duty to give information covers accommodation, rental terms and the rent.

Residence law uses a separate benchmark called "sufficient living space" (§ 2 Abs. 4 AufenthG). The yardstick is what would be enough for housing in a publicly subsidised social rental flat. Whether and when such proof is asked for in a concrete procedure is decided by the competent authority. Authorities decide each case on its own, which also shapes the schedule — see why hiring someone from abroad takes so long.

What standards must accommodation meet if you provide it as an employer?

Accommodation provided by an employer has to meet the minimum requirements in the annex to the Arbeitsstättenverordnung, the German workplace ordinance. The fit-out follows the number of occupants and the length of stay. Where men and women share accommodation, that has to be taken into account when rooms are allocated.

• a living and sleeping area with beds, cupboards, tables and chairs
• an eating area
• sanitary facilities
• enough daylight and a view to the outside
• enough healthy breathing air
• insulation against heat and cold, and protection against damp

If you cannot provide the necessary accommodation on the company site or the construction site, you must arrange appropriate accommodation elsewhere. Where shared accommodation outside the site is used, you have to make sure it is appropriate. These minimum requirements were set across all sectors and cover direct as well as indirect provision. Legal position as at 1 September 2026. More on our role in hiring is on the page for employers.

What do you have to document when several workers share accommodation?

Shared accommodation for workers requires written documentation by the employer. You record the addresses, the accommodation capacity, which workers are housed there and for which period. The documentation has to be available at the place of work.

These duties came into the workplace ordinance through the Arbeitsschutzkontrollgesetz, the act on occupational safety controls, and they apply across sectors. Update the record when people move in or out, so it matches the actual occupancy. How a supervisory authority assesses a specific finding during a check is that authority's decision. Legal position as at 1 September 2026.

What extra accommodation rules apply to seasonal workers in Germany?

Seasonal employment has explicit accommodation rules in the Beschäftigungsverordnung, the German employment ordinance. If you provide accommodation to a seasonal worker, the rent must be appropriate. It must not be deducted automatically from the wage. The worker receives a rental contract setting out the rental conditions, and any change of accommodation must be reported to the Federal Employment Agency without delay (§ 15a BeschV).

The Federal Employment Agency adds practical points in its information on seasonal work. Where accommodation and meals are provided, an appropriate amount may be withheld from the wage, but enough must remain for the worker to live on. The type of accommodation, the price and the rights and duties on both sides belong in a separate contract, not buried in the employment contract. Legal position as at 1 September 2026.

Can you deduct the rent for company accommodation from the wage?

Wages in Germany must be calculated and paid in euros. Benefits in kind such as a room may count as part of the pay only if this corresponds to the interest of the worker or to the nature of the employment relationship. Their value must not exceed the attachable part of the pay (§ 107 GewO).

For seasonal workers under the statutory minimum wage, the customs administration sets out three conditions for offsetting board and lodging. There must be an agreement, so you cannot impose the offset unilaterally. The benefit in kind must be of average type and quality. And the offset must not push the payment below the attachment exemption limit, measured for a single person without maintenance obligations.

Sector minimum wages follow their own rules on what may be offset. Clarify that point with the customs administration before you deduct anything from the wage. Legal position as at 1 September 2026.

What value does employer-provided accommodation have in payroll in 2026?

Free accommodation counts in payroll with a nationwide benefit-in-kind value of 285 euros per month in 2026, heating and lighting included. Housing in the employer's household or in shared accommodation is valued 15 percent lower, which is 242.25 euros in 2026. Shared accommodation is characterised by jointly used washrooms and showers, toilets and, where applicable, a shared kitchen or canteen.

A self-contained flat is treated differently from a mere room. It is valued with the local customary rent. Only where that value is exceptionally difficult to determine may 5.01 euros per square metre and month be used, or 4.10 euros per square metre for simple fit-out without central heating or without a bath or shower.

If you let the accommodation below that value, the difference between the agreed price and the value of free provision is added to the pay. For periods shorter than a month, one thirtieth of the monthly value applies per day. The values are set by ordinance and adjusted each year, so always work with the figure for the current year. Legal position as at 1 September 2026.

Who registers the address, and how high may the deposit be?

Anyone moving into a home in Germany must register with the registration office within two weeks (§ 17 BMG). The provider of the accommodation has to confirm the move-in within that period (§ 19 BMG). Where you house the worker yourself, that provider is you or the landlord of the property. If the provider refuses the confirmation, the registration office has to be informed. With electronic confirmation the provider receives an assignment code and passes it to the person who must register.

For residential leases the deposit may not exceed three months' rent, not counting operating costs shown as a lump sum or as an advance payment. The tenant may pay it in three equal monthly instalments. You must keep the deposit separate from your own assets, and the interest belongs to the tenant (§ 551 BGB). Legal position as at 1 September 2026.

Clarify the housing question early, because it touches the employment contract, the payroll and the arrival. Our step-by-step overview is on the page how the process works. If you are planning to hire workers from Albania or Kosovo, you can register as an employer and talk the details through with us.