Obtain the approval of the Federal Employment Agency for the employment of foreign workers in Germany within the framework of contracts for work and services. Unfortunately this specification of service has not yet been completely translated.

If you, as a foreign employer, wish to send foreign workers to Germany under government agreements for the performance of contracts for work and services, the Federal Employment Agency must first give its approval.

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 fulfil a contract for work and services do not need a permit under work permit 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 or consular post 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.

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

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 fulfil the work contract. As a rule, the maximum duration of the approval of the residence title is 2 years. If, as a result of an unforeseeable event, the performance of the work contract takes longer than 2 years, the approval can be extended by up to 6 months. The consent can be granted for a maximum period of 3 years if it is certain from the outset that the execution of the specific work contract will take longer than 2 years. However, this regulation only applies to workers who are newcomers 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 for a maximum period 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
  • 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: yes
Online procedure possible: no
Written form required: yes
Personal appearance required: no








Related Links

  • Erklärung zum Werkvertrag

Preconditions

In order to obtain consent, you must be able to demonstrate that the workers you wish to employ,

  • have the necessary qualifications,
  • have the same working conditions as comparable German employees,
  • are actually engaged in activities which correspond to their qualifications or are appropriate to their qualifications, and
  • have a valid employment contract.

Depending on the trade in which your company operates, special requirements may apply for the approval of the employment of foreign contract workers.

Related Links

  • § 39 Aufenthaltsgesetz (AufenthG)
  • § 29 Absatz 1 Beschäftigungsverordnung (BeschV)
  • § 36 Beschäftigungsverordnung (BeschV)
  • Arbeitnehmerentsendegesetz

Related Links

  • Informationen zu Werkvertragsverfahren auf der Internetseite der Bundesagentur für Arbeit
  • Merkblatt der Bundesagentur für Arbeit zur Beschäftigung ausländischer Arbeitnehmer im Rahmen von Werkverträgen in Deutschland
  • Merkblatt der Bundesagentur für Arbeit zur Beschäftigung ausländischer Arbeitnehmerinnen und Arbeitnehmer in Deutschland
  • Informationen zur Arbeitsmarktzulassung für Arbeitskräfte aus dem Ausland auf der Internetseite der Bundesagentur für Arbeit
  • Liste der regionalen Beratungsstellen der Bundesagentur für Arbeit zum Thema Arbeitsmarktzulassung

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 necessary documents.
  • The Stuttgart Employment Agency will check the documents and inform you in writing whether the requirements for approval have been met.
  • The foreign company sending the employee will receive a notification 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.

Responsible for the content
Federal Ministry of Labour and Social Affairs

Last update or date of publication
15.04.2021