Spousal employment - NATO Status of Forces Agreement and Supplementary Agreement Germany
The NATO Status of Forces Agreement (SOFA) and the Supplementary Agreement (SA) are the international legal agreements enabling the military of the United Kingdom to operate in Germany.
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The NATO SOFA is a multinational agreement between nations enabling the operation of a nation’s defence task in the territory of another nation.
In Germany this agreement is further refined through the NATO SOFA SA Germany.
Overview
Neither the NATO SOFA nor the SA provide any legal basis in support of spousal employment.
There are several possible employment routes for spouses in the host nation.
It is up to the individual to ensure that their employment activities comply with host nation law.
Working in the local economy
This is a personal matter. It is possible for any spouse to be employed in the local economy.
You will need to be satisfied that it is lawful for you to work in the host nation, for example that you have any necessary work permits.
You will also need to ensure that you pay any tax and social insurance due to the host nation.
The SOFA does not address spousal employment and therefore does not confer any exemptions from such liabilities.
In Germany, your status as a dependant spouse is recognised in German immigration laws; therefore there is no requirement to obtain either residence status or a work permit for working in the local economy.
International remote working (IRW)
International remote working includes different scenarios:
- a private employer in another nation state, e.g. the UK
- a public sector employer of another nation state, e.g. UK MOD, government, local government, council, other service, or same service as an assigned spouse
The NATO SOFA does not provide for IRW.
IRW is both a personal matter and matter for your employer.
It is possible that host nation law may require you to have a work permit even if work is performed for a UK-based entity. The NATO SOFA does not confer any exemptions from such requirements.
You and your employer may also need to comply with other relevant legislation, for example health and safety legislation and data protection laws.
You and your employer need to be satisfied that it is lawful for you to work remotely in the host nation.
You also need to ensure that you meet any tax liability that might arise in the host nation.
You and your employer may also need to consider other relevant areas of operation, such as security - particularly if you are an employee of a UK Government department.
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Last updated 12 March 2024 + show all updates
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Added: related content section.
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First published.