Corporate Requirements & Liability

For HR heads, managing the 90/180 rule is about protecting the company's ability to move talent across borders.

• The Compliance Threshold: Employees may stay a maximum of 90 days in any 180-day "rolling" period across the Schengen zone. ‍
• The Rolling Window Logic: Compliance is calculated by looking back 180 days from the current date or the planned date of exit.
• ‍Duty of Care: Companies must ensure employees do not exceed these limits, as overstays can lead to corporate fines and the loss of future visa sponsorship privileges.

The HR Calculation Workflow

1. Audit Past Stays: Collect entry and exit stamps or flight data for the previous 180 days for the specific employee.
2. Define the Business Goal: Input the proposed dates for the next project or business trip.
3. Include Travel Days: Ensure both the day of arrival and departure are counted as full days spent within the Schengen Area. ‍
4. Identify Exemptions: Flag periods where the employee held a valid residence permit or national visa, as these do not count toward the 90-day short-stay limit.
5. ‍Calculate Buffer: Determine the "Safe to Stay" period to allow for potential travel delays or project extensions.

Checklist for Global Mobility Managers

• Document Verification: Ensure employee passports are valid for 3 months beyond the intended stay and were issued within the last 10 years. ‍
• Health Insurance Compliance: Verify that company travel insurance meets the statutory €30,000 minimum coverage for the Schengen Area. ‍
• Purpose of Stay Alignment: Confirm that the travel purpose aligns with short-stay rules vs. the need for a formal work permit. ‍
• Address Registration: For longer stays or permit renewals, ensure the Anmeldebescheinigung (German address registration) is current.

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