Employment contract in Germany
Employment contract in Germany
An employment contract for foreign skilled workers is basically no different from contracts for German employees. However, there are specific regulations that arise from the particular situation of the skilled worker. These relate primarily to residence status, support from the employer and the legal framework.
With JIG.World simplifies the drafting and understanding of such employment contracts. Our platform offers comprehensive information and assistance to support both skilled workers and employers in a legally compliant and transparent manner.
- 1. information on the contracting parties
In addition to the usual information such as the name and address of the employer and employee, the contract often contains additional details:
- Nationality of the specialist.
- Information on residence status (e.g. visa, residence permit).
Example: Maria from Brazil has an EU Blue Card. Her employment contract with a German IT company explicitly states that her employment is conditional on obtaining this card. 2. visa and residence permit
- The contract may contain a conditional clause: The employment relationship is only valid if the skilled worker obtains the necessary residence permit or visa.
- Employers often support skilled workers in applying for a visa or residence permit. This support can be regulated in the contract.
Example: Ahmed from Morocco is offered a job as an engineer in Germany. The contract states that his start of work is dependent on the work permit being issued. JIG World supports Ahmed in understanding and submitting the necessary documents.3 Start and duration of the employment relationship
- In the case of foreign skilled workers, the employment relationship is often limited in time, depending on the period of validity of the visa.
- The contract often contains a clause stating that the employment relationship will end if the visa or residence permit is revoked or not extended.
Example: Jing from China works in Germany with a residence permit for three years. Her contract contains a clause stating that if her visa is not extended, the employment relationship ends automatically.3. start and duration of the employment relationship
- In the case of foreign skilled workers, the employment relationship is often limited in time, depending on the period of validity of the visa.
- The contract often contains a clause stating that the employment relationship will end if the visa or residence permit is revoked or not extended.
Example: Jing from China works in Germany with a residence permit for three years. Her contract contains a clause stating that if her visa is not extended, the employment relationship ends automatically.4. remuneration and social security
- The remuneration should correspond to German market standards and be competitive.
- Skilled workers are subject to the same social security and tax obligations as German employees. Depending on the country of origin, special regulations may apply due to double taxation agreements.
Example: Rajiv from India earns 60,000 euros a year in Germany as a software developer. His employer ensures that all tax deductions are made correctly in accordance with German law. Rajiv uses JIG World to find out about possible tax relief through a bilateral agreement between India and Germany.5. vacation entitlement and return travel regulations
- In addition to the statutory vacation entitlement, some employers offer additional travel benefits, e.g. paid days off or travel allowances.
Example: Fatima from South Africa works for a German company and receives two additional days of travel home each year to visit her family. Her employer also covers part of the flight costs.- 6. notice periods and contract termination in the event of visa problems
- Many employment contracts contain a clause stating that the employment relationship ends automatically if the visa or residence permit expires or is revoked.
- This regulation protects the employer from legal problems.
Example: Marco from Argentina unexpectedly loses his residence permit. His contract ends automatically, as stipulated in a corresponding clause.
Frequently asked questions
Does a specialist from abroad need a special employment contract?
How high should the salary be for foreign specialists?
- Have contracts checked to ensure that all legal requirements are met.
- View information on specific regulations for foreign skilled workers.
- receive support with visa and residence issues.
