Foreign workers under a contract for work and services; notification of posting
If you, as a foreign company, wish to send foreign workers to Germany for a short period of time for assembly and disassembly work within the framework of work supply contracts, you must notify in advance under certain conditions.
Description
You have developed or manufactured machines, systems or IT programs abroad and sold them to Germany and would like to have them assembled or maintained in Germany by your employees - or have your employees instruct the buyers in their use.
Or you would like to have used equipment that you bought in Germany dismantled by employees abroad and reassembled abroad.
In both cases your employees need a residence permit for the Federal Republic of Germany.
For this purpose, you as a foreign company must notify the Federal Employment Agency of the posting of the workers before the employment is taken up and apply for a residence title for your employees at the German diplomatic mission abroad.
Prerequisites
You must notify the Federal Employment Agency in advance of the posting of foreign employees under a contract for work and services if your employees are coming to Germany in order to
- install, assemble, set up, maintain or repair machinery, equipment and computer programs ordered from the employer, or
- to instruct them in the operation of these machines, systems and programs, or
- to dismantle used equipment and rebuild it abroad.
You do not have to declare the posting of your employees for the purpose of
- to take delivery of purchased machinery, equipment and other items or to be instructed in their operation,
- set up and dismantle your company's trade fair stands and look after them, or
- to set up and dismantle trade fair stands for a foreign company from the country in which your company is based and to look after them, or
- to complete a company training course within the framework of export supply and licence contracts.
Procedure
If you wish to send foreign workers to Germany for a short period of time for assembly or disassembly work, you must proceed as follows:
- Download the form "Notification of assembly/disassembly of mechanical equipment" on the website of the Federal Employment Agency and fill it out.
- Send the notification together with all the necessary documents by e-mail or fax to the Stuttgart Employment Agency (Team 009, Operativer Service). Make sure that the documents are complete so that your notification can be processed quickly.
- The Stuttgart Employment Agency will check your advertisement and send you a written confirmation of receipt.
Special notes
Note: For postings of more than 90 days and up to 3 years, the approval of the Federal Employment Agency is required.
Deadlines
You must register the posting no later than 10 days before the foreign workers are to start work.
Please also note that a visa is required for countries whose citizens are not allowed to enter Germany without a visa. For this purpose, you must submit the notification confirmed by the employment agency to the German mission abroad.
Required documents
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Required Documents
- Assembly, disassembly, delivery or purchase contract for the plant, machine or software
- Description of services/activities with precise details of the type and design of the machine, system or EDP program.
- In the case of dismantling: confirmation and details of the place of reassembly
- List with the names of all employees used
Links to more information
Status:27.10.2022
Responsible for editing:Bundesministerium für Arbeit und Soziales
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