Working from India: what applies legally?
Employees of a German company who work temporarily from India — whether on a classic posting or a workation — operate under a separate legal framework: India sits outside the EU/EEA/Switzerland, so the A1 certificate does not apply there. Instead, the Germany-India Social Security Agreement of 2011 governs social security liability, and entry usually requires an e-Business Visa rather than a tourist visa. Both procedures differ significantly from the EU framework and are frequently overlooked when planning travel.
Two areas need checking for any work activity carried out from India: the DE/IN 101 posting certificate as proof of social security coverage, and the right visa category for entry. Both are separate applications with separate authorities.
The Germany-India Social Security Agreement
The Agreement between the Federal Republic of Germany and the Republic of India on Social Security was signed on 12 October 2011 (Federal Law Gazette BGBl. II 2011 p. 588) and entered into force on 1 May 2017 (BGBl. II 2018 p. 484). It replaces an earlier, narrower agreement from 8 October 2008. According to Deutsche Rentenversicherung, it is an open agreement: it applies to anyone who has paid contributions in Germany and/or India, regardless of nationality or place of residence.
Critical for practice: the agreement only covers pension insurance. As Deutsche Rentenversicherung states, the agreement "contains provisions on pension insurance only. All other branches of social security are not covered." Health, long-term care and unemployment insurance are left out entirely — unlike the A1 certificate, which covers every branch of social security.
DE/IN 101 posting certificate and the 48-month limit
Employees who work only temporarily in India for their German employer, while still being paid by that employer, can remain covered under German pension insurance. Proof of this is the DE/IN 101 posting certificate — the functional equivalent of the A1 certificate, but a separate, country-specific form. According to Deutsche Rentenversicherung, the employer applies for it "at the statutory health insurance fund to which your pension insurance contributions are paid. If no pension insurance obligation applies to you, Deutsche Rentenversicherung Bund issues the certificate."
Under Article 7 of the agreement, a posting is limited to 48 calendar months: "during the first 48 calendar months, the legislation of the first contracting state alone continues to apply, as if the employee were still employed in its territory." An extension of up to twelve further months is possible on joint application by employee and employer, subject to approval from the competent authority of the host state. A posting does not exist under the agreement if, among other reasons, the employer does not carry out substantial business activity in the sending state, or the employee was employed in the sending state for less than six months since the end of the last posting period.
If it is clear from the outset that an assignment will last longer than 48 months, employer and employee can apply for an exception agreement with the Deutsche Verbindungsstelle Krankenversicherung – Ausland (DVKA) to remain covered under German pension insurance. Whichever route applies — posting certificate or exception agreement — Deutsche Rentenversicherung recommends filing before the assignment in India begins.
What the agreement does not cover
Because the Germany-India agreement regulates pension insurance only, coverage for health, long-term care and unemployment insurance during an India assignment is not automatically resolved. German statutory health insurance generally does not provide benefits in India. Companies should therefore arrange additional private international health insurance for anyone working from India, including cover for medically necessary repatriation. On the Indian side, anyone taking up local employment there is, according to Deutsche Rentenversicherung, generally "registered for social security under Indian law" — whether pension insurance obligations apply should be clarified with the local employer.
Visa for business trips and remote work from India
There is no visa-on-arrival for German nationals travelling to India — according to the German Federal Foreign Office, the visa must be obtained before entry, usually as an e-visa. For business trips and work-related activities — meeting Indian companies, client visits, market exploration, attending trade fairs — the e-Business Visa is generally the right category, not the tourist e-visa, according to IHK Rhein-Neckar. The Indian Embassy in Berlin further clarifies: foreigners travelling to India for employment-related purposes who continue to be paid outside India — i.e., by their German employer — also receive a business visa, not an employment visa.
The e-Business Visa is valid for one year from issuance and allows multiple entries. Important for planning stays: continuous presence during a single visit must not exceed 180 days — exceeding this limit requires registration with the local Foreigners Registration Office (FRO) within 14 days, a process the IHK describes as "time-consuming." Anyone instead needing a regular Employment Visa for local Indian employment must also complete FRO registration within 14 days of arrival if the visa validity exceeds 180 days; below that threshold, registration is not required.
Since 1 October 2025, a digital E-Arrival Card has also been mandatory for all foreign travellers (legal basis: the Immigration and Foreigners Act, 2025) — the form replaces the previous paper version and, according to the German Federal Foreign Office, can be completed online starting 72 hours before arrival.
A1 certificate vs. DE/IN 101 compared
| Feature | A1 certificate | DE/IN 101 posting certificate |
|---|---|---|
| Scope | EU, EEA, Switzerland | India (bilateral agreement) |
| Legal basis | Regulations (EC) 883/2004 & 987/2009 | Germany-India Social Security Agreement (2011, in force since 2017) |
| Branches covered | All social security branches | Pension insurance only |
| Form | Uniform EU form A1 | Country-specific form DE/IN 101 |
| Responsible body (DE) | Health insurance fund or DRV | Health insurance fund (collection agency) or DRV Bund |
| Maximum duration | Typically 24 months (exception agreement possible) | 48 months + 12 months extension (exception agreement via DVKA possible) |
What this means for employers
For companies with employees working from India, the takeaway is: the A1 logic from EU business travel doesn't transfer to India — neither for the social security certificate nor for the visa category. Anyone relying on a European country guide needs a separate process for India, including tracking the 48-month posting limit and the 180-day stay limit under the e-Business Visa. Tools like premote help automatically detect, apply for and track deadlines for country-specific certificates such as the DE/IN 101 alongside the A1 certificate.
FAQ
Is there an A1 certificate for India?
No. The A1 certificate only applies within the EU, EEA and Switzerland. For India, the DE/IN 101 posting certificate applies instead, based on the Germany-India Social Security Agreement of 2011.
Who applies for the DE/IN 101 posting certificate?
The employer applies for it at the responsible statutory health insurance fund (the collection agency for pension insurance contributions) or, if no pension insurance obligation is routed through a health insurance fund, at Deutsche Rentenversicherung Bund.
How long can a posting to India last?
Up to 48 calendar months, with the option of an extension of up to twelve further months on joint application. For longer planned assignments, an exception agreement via the DVKA is required.
Does the agreement also cover health insurance?
No. The Germany-India Social Security Agreement covers pension insurance only. It does not apply to health, long-term care or unemployment insurance — private international health insurance is strongly recommended.
Which visa do I need for a business trip or remote work from India?
Generally the e-Business Visa, valid for one year with multiple entries, but limited to 180 continuous days per visit. Local employment in India instead requires an Employment Visa.
The information provided on this website does not constitute legal advice and is not intended to address any legal issues or problems that may arise in individual cases. The information on this website is of a general nature and is provided for informational purposes only. If you need legal advice for your individual situation, you should seek the advice of a qualified attorney.