Temporary Work Permit for Germany
While recruiting, i.e. matchmaking between employer and employee, is not subject to restrictions, temporary work employers need to apply for a permit (§1 I 1AÜG).
Until your company has this permission, it is fully permissible to provide recruiting services. When operating prior to having received permission, be very sure that you are not engaging in temporary work. Authorities are very cautious about illegal temporary work and will often conduct spontaneous inspections on the grounds of employee lessees. If caught, then a temporary work agency license will not be granted, neither for the GmbH nor the individuals behind it.
Temporary Work for Foreigners
Many employers are interested in temporary work nowadays. As a rule of the thumb, this type of work is heavily restricted in Germany pursued to §40 I no.2 AufenthG. Due to this provision, the Labor Agency must deny an application for a work permit when the employment is to be temporary work. This is the general rule! Certain types of residential status are not effected by the ban. When entering Germany to start a job, this prohibition will always be applicable for the main applicant.
Typical Cases for Permitted Temporary Work
§40 I AufenthG is to be seen in the light of §39 AufenthG. Typically, a work permit requires approval from the Federal Labor Agency – but not in certain cases. In practice, this can be obscured from view because the employee only deals with the Foreigner's Office. Yet, immigration always, internally among offices, collects this permission from Labor Agency. Generally, all foreigners require not only a residence but also a work permit (§4 II I AufenthG). If the residence permit already provides an unrestricted work permit, only then will temporary work be automatically open to a foreigner.
How can you, as an employer easily determine whether your candidate of choice may work under the regime of temporary work? That’s easy! Study the permit and look for a status denoting either of the following: either „Erwerbstätigkeit gestattet (freelancing / self-employment as well as employment)“ or „(for any kind of employment but not freelancing / self-employment) Beschäftigung erlaubt“. These words hint that your candidate is eligible for temporary work.
Presumably, you will want to know typical situations when you will find these promising statuses.
- Candidate has permanent residency, aka settlement permit or settlement permit EU (see §§9 I 2 AufenthG resp. §9a I 2 AufenthG),
- Candidate is acknowleged asylum seeker or refugee pursuant to Geneva Convention on Refugees or enjoys subsidiary protection (§25 I 4 AufenthG),
- Candidate is married either to a German or a foreigner having a residence permit, (§27 IV AufenthG).
- Candidate has a residence permit for „normal employment “(§18 AufenthG i.c.w. §9 I no.1 BeschV) for at least two years,
- Candidate has a residence permit for a “normal” Blue Card for at least two years (§19a AufenthG i.c.w. §9 I no.1 BeschV) or
- Immediately for “qualified” Blue Cards (§2 BeschV):
- having a monthly salary of at least € 4,466 in Western Germany and € 4,100 in Eastern Germany
- being a graduate of a German university and having a job in the MINT sector with a minimum salary of € 3,484 in Western Germany or € 3,198 Eastern Germany.
An approval of the Labor Agency is not required in the above-mentioned cases because the law provides an unrestricted work permit, or the normally required approval is waived.
Effects of Invalid Permission of Temporary Work
In the event that the Labor Agency discovers illegal temporary work, the granted permission can be revoked (§§3, 4 AÜG). As a consequence of an employer later losing his temporary work permission, the candidate’s residence permit will also be jeopardized §52 II AufenthG).
Appropriate Company Form
What is an appropriate form for a company hiring temporary workers? The law demands no specific form. Practically seen, the most common form will be a GmbH but a UG works just as well legally speaking. This demonstrates the strength of both company forms.
Services for Temporary Work Application
My services in this regard include:
- filling out the application forms,
- providing a checklist of documents needed from you,
- answering follow-up questions the authorities may have,
- providing you with easy to digest summaries of what you need to know as a temporary work agency,
- acquiring relevant certificates from competent agencies (health insurance, employer’s accident insurance, creditworthiness, etc.),
- introduction to an English-speaking insurance broker, who can help you fill any gap to meet the liquidity requirement of at least 10 k€.
When operating as a temporary employer, you will need the following information and documents. I can help with these as well:
- an employment contract for non-tariff bound employments,
- an employment contract for tariff-bound employments,
- a nutshell on German labor law.
The nutshell or introduction to German labor law is meant to provide the nuts and bolts of German labor law in a concise manner so that you have a general idea of the rules and regulations. This will help you to avoid the most common and (from a German’s perspective) “evident” pitfalls. I will also inform you of which fees can be taken from a potential employee and a possible employer. Germany has very strong labor protections and even discusses the recruiter’s fees towards the candidate.