Work Permits & Employment Contracts in Germany

An overview of the process to be followed by foreigners (EU and non-EU) coming to Germany for work or self-employment. Information on how to get a work permit and the different types of work contract available.

Being able to live and work freely in another Member State is an essential part of being an EU citizen. In theory, access to work cannot be denied on the grounds of nationality. However, work is not always easy to find in Germany. The situation is more difficult for those from outside the EU who may find it far from easy to obtain a work permit without specific skills.

See AngloINFO INFOrmation page on Unemployment & Job Seeking

All new arrivals in Germany should go to the local Registration Office (Standesamt – Einwohnermeldeamt) ideally within one week of their arrival. This sets off the registration process and details will be passed to the authority responsible for foreign residents - the Immigration Office (Ausländerbehörde).

EU citizens who wish to work in Germany need only a residence permit before they can enter into an employment contract, a work permit will almost certainly not be required in addition. Workers from outside the EU need a work permit.

Students may work for a maximum of 90 days per year without a work permit but will still need proof of residence.

Workers also need a tax card (Lohnsteuerkarte) and a social security number (Sozialversicherungsnummer). The employer will usually ensure that these are issued.

Work Permits (Arbeitsgenehmigung or Arbeitserlaubnis)

Non-EU citizens must have a work permit. The type of work permit issued is linked to the type of residence permit which has been granted. Applicants will be asked what type of work they expect to look for, for example, unskilled, skilled, highly skilled. Anyone looking for unskilled work is likely to find it difficult to obtain both a residence and a work permit.

Skilled and qualified individuals are likely to find it slightly easier as there are shortages in some areas. Highly qualified persons may be given an unlimited settlement permit known as a Niederlassungserlaubnis. This is usually only granted where an individual from outside the EU already has a job offer and/or has the approval of the Federal Employment Agency (Bundesagentur für Arbeit).

For details from the German government site: Click here

Non-EU nationals should contact their Embassy for more detailed information. US citizens will find full requirements on the US Embassy Berlin site.

The normal procedure is to register for residency with the local Registration Office (Standesamt – Einwohnermeldeamt). The residency permit will normally expressly say if the person is permitted to work. If an offer of work is received, individuals should go to the Immigration Office (Ausländerbehörde) who will check whether a work permit can be issued. A work permit is issued for a particular job and must be reapplied for when changing jobs.

Because of the difficulty some people experience in gaining work permits, there are those who work illegally (Schwarzarbeit). This is not recommended and anyone caught faces deportation.

Employment Contracts (Arbeitsvertrag)

German employment law is not consolidated into a single piece of legislation. Instead there are a whole host of provisions under the German Civil Code (Bürgerliches Gesetzbuch – BGB) as well as various pieces of legislation. Many conditions of employment have been introduced as a result of collective agreements. German law ensures that all employees are well treated, regardless of sex or nationality and offers protection for disabled people and pregnant women in the work place.

All employees have the right to a contract of employment. An employment contract may be entered into verbally or in writing. Clearly a written contract is preferable, but even where there is only a verbal agreement, the employee is still entitled to receive written notification of the essential terms of the employment.

Contracts may be either befristet (for a specified time period) or unbefristet (continuous) and normally include a Probezeit (probation period).

The contract should contain:

the name and address of the employer and the employee
information on the starting date
the fixed term of the employment (if applicable)
the trial period and the duration of the trial period
the place of employment
the nature of the activity involved
the amount of pay and agreed working hours
the length of annual leave - most employees enjoy 30 days of paid leave per annum although the statutory minimum is 18 days
periods of notice for termination of employment

Salaries are almost always paid by bank transfer. Paid sick leave, maternity and paternity leave is generous in comparison to many other EU countries. Some employees are fortunate enough to receive a 13^th month of salary (Weihnachtsgeld/Urlaubsgeld) often paid partly at Christmas and partly in the summer to help with holiday expenses. Senior staff may receive a 14^th month's salary.

Employees should expect a probationary period of between three and six months. During this period the employer is within their rights to dismiss the employee with two weeks or one month's notice. Beyond this period the employer would need to argue the case for dismissal before unions and/or a labour tribunal.

Should an employee or employer wish to terminate the employment, notice must be given in writing. The length of the notice period depends on the length of service and in the case of long service could be several months.

More information from EURES, the EU employment portal

Types of Employment

Many people, including the majority of blue-collar workers, white-collar workers and civil servants, will be given a fixed-term full-time employment contract. They will be required to work around 40 hours a week.

An increasing number of people work part-time (Teilzeitarbeit). In addition to "regular" part-time work which is subject to social security insurance, there are also so-called "mini jobs" in which the employee may earn up to €400 per month. Many people employed as cleaners, health workers, catering staff and those in the retail trade have these "mini jobs".

More information on the Mini-Job website (in German)

Temporary contracts

In recent years the temporary sector has been growing rapidly. There are specialist agencies dealing with staff working on a fixed full-time or part-time basis.

For a comprehensive list of agencies for temporary work: Click here (in German)

Youth employment

In Germany the minimum age for regular employment in a business is 15. Child labour is banned under the Child Protection Law (Jugendarbeitsschutzgesetz). Children under 18 but still in full-time education are also subject to restrictions in terms of the number of hours they may work.

Anyone aged 15 and above and no longer in full-time education may be employed for up to eight hours a day (40 hours per week) in an appropriate role. This means that they must not be overstretched physically or asked to perform tasks which are inappropriate given their age and experience.

For further information on youth employment from the Ministry of Justice: Click here (in German)

Trainees may work in a business under a vocational training contract which is not employment in the conventional sense.

More details can be found from the Federation of European Employers
Or from the European Foundation for the Improvement of Living and Working Conditions

The Self Employed

EU citizens are permitted to work in a self-employed role in Germany. It is only necessary to inform the registry office (Einwohnermeldamt). A non-EU citizen may start a business in Germany under certain conditions, and must apply for a German settlement permit (Niederlassungserlaubnis) from the Office for Foreigners.

The work must have a positive effect on the economy – often this means a minimum level of investment and the creation of a number of jobs. Self-employed residents then have up to three years to make their business successful. At the end of this period another permit will be issued only if appropriate.

See AngloINFO INFOrmation page on Starting a Business in Germany

Anyone wishing to be self-employed should get information and advice from the Chamber of Industry or Chambers of Skilled Trade. The local business registration office (Gewerbeamt) should be able to provide the necessary contact details.