Contract for work and services procedure; application for consent to employ foreign workers under contracts for work and services

If you, as a foreign employer, wish to send foreign workers to Germany under government agreements to perform work contracts, the Federal Employment Agency must first give its approval.

Description

Prerequisites

In order to obtain approval, you must be able to prove that the workers you wish to employ,

  • have the necessary qualifications
  • have the same working conditions as comparable German employees,
  • are actually engaged in activities that correspond to their qualifications or are appropriate to their qualifications, and
  • have a valid employment contract.

Depending on the trade in which your company operates, special requirements may apply for approval to employ foreign contract workers.

Procedure

To obtain approval, proceed as follows as the client:

  • Contact the Central Foreign and Professional Placement Office. There you will be registered, receive an order number and the application forms. Once you have registered and received an order number, you can download the application forms from the website of the Federal Employment Agency and also send (upload) them via an online account on the same site.
  • Fill out the forms completely and send them with all required documents to the Zentrale Auslands und Fachvermittlung.
  • The Central International and Specialized Placement Office will check the documents and inform you in writing whether the requirements for approval have been met.
  • The foreign company sending the worker will receive a notification of approval from the Central International and Specialized Placement Office.
  • The decision on the approval of the residence title is issued to the work contract employee in the form of a work contract employee card (WAK). If the residence title is issued by the foreign mission or foreigners authority in Germany, the WAK becomes part of the residence title.
  • If both the work contract employee card and the residence title are available, the employee can start work.

Special notes

When applying for the first time, please always contact the Central International and Specialist Placement Office of the Federal Employment Agency first. There you will be registered and receive an order number.

Processing time

2 to 12 weeks

Required documents

  • Required document/s

    • Declaration on the contract for work
    • Work contract or framework and partial service contract or addendum in the original
    • Service specifications with precise details of the work to be performed in the original
    • Quota confirmation from the responsible ministry or the responsible quota awarding authority in the original
    • If applicable, deployment plan (for changing personnel levels during the execution period)
    • Self-certification form on the operational details of the customer (only for construction services)
    • Certificate from the local authority responsible for the protection of historical monuments that the objects in question are worthy of protection (only for restoration work)
    • Confirmation of receipt of information sheet 16 (Employment of foreign employees under contracts for work and services in Germany) signed and in the original

Forms

  • Form, Bavaria-wide: Erklärung zum Werkvertrag
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Online procedures

Fees

  • A fee is charged by the foreign employer (contractor) for the expenses incurred by the Federal Employment Agency and the customs administration authorities in implementing the intergovernmental agreements. The basic fee for a new application is EUR 200.00. If you wish to pay the fee by cash deposit, pay the amount to the account of the Federal Employment Agency at the Deutsche Bundesbank.
    Fee: EUR 200.00
    Prepayment: Yes

    An additional EUR 100.00 fee will be charged if you make a supplementary payment. If you wish to pay the fee by cash deposit, pay the amount to the account of the Federal Employment Agency at the Deutsche Bundesbank.
    Fee: EUR 100.00
    Prepayment: Yes

    In addition, there is a term fee of EUR 75.00 per employee for each month of employment or part thereof.
    Fee: EUR 75.00
    Prepayment: Yes

Remedy

The following can be lodged against the notification of approval and fees

  • appeal and
  • appeal to the social court

can be used as legal remedies.

The following applies to the issuance of the work contract employee card: The decision made by the BA within a procedure for issuing a visa or residence title is not an independent administrative act. It is an internal act of cooperation with the foreign mission or foreigners authority that decides on the residence title. An appeal can therefore only be lodged against the decision of the diplomatic mission or foreigners authority.

Status:15.03.2023

Responsible for editing:Bundesministerium für Arbeit und Soziales

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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