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, would like to send foreign workers to Germany under government agreements to perform work contracts, the Federal Employment Agency must first give its approval.

Description

Companies based in a member state of the European Union enjoy freedom to provide services. Employees of these companies who are temporarily deployed in Germany to fulfill a contract for work and services do not require a permit under labor law. This also applies to nationals of the European Economic Area and Switzerland. Employees of these companies who do not have one of these nationalities generally require a residence permit. For this purpose, please contact the German diplomatic mission in the sending country.

The Federal Republic of Germany has concluded intergovernmental agreements with some states. These regulate the posting and employment of workers from foreign companies on the basis of contracts for work and services. Intergovernmental agreements exist with:

  • Bosnia and Herzegovina,
  • Northern Macedonia,
  • Serbia and
  • Turkey.

Employees from these states can work in Germany for a limited time within the framework of fixed agreed quotas for the execution of work contracts.

Before you as a company are allowed to employ workers from these states under a contract for work and services in Germany, these workers need a residence permit that allows them to work in Germany. The Stuttgart Employment Agency must approve the issuance of a residence title in the form of a work contract employee card.

The approval of the residence title is generally granted for the expected duration of the work required to fulfill the work contract. The maximum duration of the approval of the residence title is usually 2 years. If the execution of the work contract takes longer than 2 years due to an unforeseeable event, the approval can be extended by up to 6 months. The consent can be granted up to a maximum duration of 3 years if it is determined from the outset that the execution of the specific contract for work will take longer than 2 years. However, this regulation only applies to employees who are new to the territory of the Federal Republic of Germany.

Individual workers with managerial or administrative activities (such as technicians or construction managers) may be granted approval for a residence title up to a maximum duration of 4 years.

Contract workers from countries with which no intergovernmental agreements exist cannot be admitted. This does not apply to contract workers from the following countries:

  • Andorra
  • Australia
  • Israel
  • Japan
  • Canada
  • Republic of Korea
  • Monaco
  • New Zealand
  • San Marino
  • United Kingdom of Great Britain and Northern Ireland within the meaning of the Freedom of Movement Act/EU
  • United States of America

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,
  • actually perform work that matches their qualifications or is 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 Stuttgart Employment Agency. You will receive the application forms there.
  • Complete the forms in full and send them to the Stuttgart Employment Agency with all the required documents.
  • The Stuttgart Employment Agency will check the documents and inform you in writing whether the requirements for approval have been met.
  • The sending foreign company will receive a notice of approval from the Stuttgart Employment Agency.
  • The decision on the approval of the residence title is issued to the contract workers in the form of a WerkvertragsArbeitnehmerKarte (WAK). If the residence title is issued by the foreign representation 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.

Deadlines

Submit the required documents in good time, at least 4 weeks, at the earliest 3 months, before the intended execution date.

You must submit additional information on your application documents within the set deadline after the Federal Employment Agency has requested you to do so.

Processing time

The processing time is between 2 weeks and 3 months.

Required documents

  • Required Documents

    • Declaration on the contract for work and services
    • Original contract for work and services or framework and partial service contract or addendum
    • Service specifications with exact details of the work to be carried out in the original
    • Original contingent confirmation from the responsible ministry or the responsible contingent allocation office
    • If applicable, deployment plan (in case of changing personnel during the execution period)
    • Self-assessment form on the purchaser's operational details (only for construction work)
    • Certificate from the local authority responsible for the preservation of historical monuments stating that the object in question is worthy of protection (only in the case of restoration work)

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.

Fees

  • A fee is charged to the foreign employer (contractor) for the expenses incurred by the Federal Employment Agency in implementing the intergovernmental agreements.

    The basic fee is EUR 200.00. In the event of an addendum, a further EUR 100.00 in fees will be incurred.

    In addition, a term fee of EUR 75.00 per employee is incurred for each month of employment or part thereof.

Remedy

The following can be lodged against the decision

  • 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: 28.08.2022

Responsible for editing: Bundesministerium für Arbeit und Soziales

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