In the Member States of the European Economic Area (EEA), freedom of movement
for workers is a fundamental right. Citizens of an EEA country can therefore
work in another EEA country under the same conditions as the citizens of the
country in question. However, EU citizens’ right in principle to labour
mobility currently does not yet apply to its full extent to all EU citizens. The
Federal Republic of Germany is availing itself of the option to restrict free
access to the German labour market during a transition period.
EU citizens from Belgium, Denmark, Finland, France, Greece, Ireland, Italy,
Luxembourg, Malta, the Netherlands, Austria, Portugal, Sweden, Spain, the United
Kingdom and Cyprus enjoy unlimited labour mobility in Germany and therefore do
not require a work permit before starting work. Since the bilateral agreements
entered into force on 1 June 2002, Swiss citizens no longer require a work
permit either if they wish to take up employment in Germany.
In contrast, as a result of agreed transition periods, citizens of the EU Member
States of Bulgaria, Estonia, Latvia, Lithuania, Poland, Romania, Slovakia,
Slovenia, the Czech Republic and Hungary must have work permits. The required
‘Arbeitsgenehmigung EU’ [‘EU work permit’] should be requested
directly from the Agentur für Arbeit [Employment Agency] which has
local responsibility or from the Zentrale Auslands und Fachvermittlung
[International Placement Services]. Merkblatt 7 [Factsheet 7] of
the Federal Employment Agency on ‘Beschäftigung ausländischer
Arbeitnehmer in Deutschland’ [Employing Foreign Workers in Germany]
provides a summary insight into who is responsible for what. It is only possible
for citizens of these EU Member States to be employed in Germany with a work
permit, which are issued by the competent department of the Agentur für
Arbeit.
As before, workers from the aforementioned countries may only take up a job in
Germany under certain preconditions (e.g. within the scope of service contracts
as seasonal workers, or as IT specialists or engineers). The requirements and
procedures for obtaining a work permit did not change when the EU was enlarged,
but in some cases it is easier for the new EU citizens to obtain an open ended
work permit. Employees who have had access to the German labour market for
twelve months are entitled to an EU work permit, which is granted without
restriction or time limit. In addition, workers from the accession countries are
given preference over citizens of third countries when trying to access the
German labour market. The Agentur für Arbeit can answer more
wide-ranging questions on the possibilities for working in Germany and on work
permits. Detailed information can also be found on the website of the Bundesministerium
für Wirtschaft [Federal Ministry of Economics] under the heading
‘Informationen über die Anwendung des EU-Beitrittsvertrages bei der Beschäftigung
von Staatsangehörigen der Beitrittsstaaten’ [Information on the application
of the EU Accession Treaty when employing citizens of accession states].
In principle, foreign nationals who are not citizens of a Member State of the
European Union (EU), the European Economic Area (EEA) or Switzerland require a
residence permit in order to live in Germany for the purpose of gainful
employment. In principle, it is only possible to be employed in Germany if your
residence permit allows this. Further information on access to the labour market
can be obtained from the Auswärtiges Amt [Federal Foreign Office].
Text last edited on: 06/2010
Source: European Union
© European Communities, 1995-2010
Reproduction is authorised.
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