JiG

In times of a shortage of skilled workers, hiring foreign employees is becoming increasingly relevant for many companies in Germany. But if you want to employ international talent, you need to take a few legal steps to avoid taking any risks.

1. needs assessment: Do you really need a foreign skilled worker?

Before you start your search abroad, make sure that you cannot fill the position with a domestic specialist. This is particularly important if you have to obtain approval for employment from the Federal Employment Agency. In many cases (e.g. for recognized shortage occupations) this check is not necessary.

Example:
An IT company in Berlin is urgently looking for a Java developer. After several months of unsuccessful searching in Germany, it decides to consider applicants from India and Turkey.

2. check professional recognition

For many professions, recognition of qualifications acquired abroad is required. This applies in particular to regulated professions such as doctors, teachers or nurses. For non-regulated professions, it is often sufficient if the qualification is equivalent.

Tip: Use the portal www.anerkennung-in-deutschland.deto find out whether recognition is necessary.

Example:
An applicant from Brazil would like to work as a physiotherapist in Munich. As the profession is regulated in Germany, her training must first be recognized.

3. residence permit and work permit

The most important legal basis for employment is a valid residence permit with a work permit. This is regulated differently depending on the country of origin:

  • EU/EEA citizensneed none special permission.

  • Third-country nationals: need a Visa for gainful employment or a EU Blue Card.

Example:
A company in Hamburg would like to employ a mechanical engineer from Tunisia. The applicant applies for an employment visa at the German embassy in Tunis and submits the signed employment contract.

4. participation of the Federal Employment Agency (BA)

In many cases, the BA checks whether the position cannot be filled by a domestic worker and whether the working conditions (salary, working hours, etc.) meet German standards.

Tip: Submit the documents in good time to avoid delays.

5. residence and social security

As soon as the skilled worker has entered the country, they must:

  • register with the residents' registration office

  • apply for a social security number

  • take out health insurance

As an employer, you register the new skilled worker with the health insurance, pension insurance and accident insurance companies as normal.

Example:
A restaurant in Cologne hires a cook from Georgia. After successfully obtaining a visa, he enters the country, registers in Cologne and is registered with the AOK by the employer.

6. integration in the workplace

Don't forget that the legal steps are just the beginning. The successful integration of the foreign specialist is crucial for long-term cooperation:

  • Support language courses

  • Offer mentoring in the company

  • Take cultural differences into account

Example:
A medium-sized company in Bavaria is setting up an internal mentoring program for its new nursing staff from Vietnam to help them find their feet more quickly.

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