Labor Migration Law & Skilled Immigration Germany
Labor migration law for HR teams
Labor migration law regulates the legal requirements for the employment of foreign skilled workers and labor in Germany. Given the increasing shortage of skilled workers and global recruitment, companies are faced with complex legal requirements . The Residence Act (AufenthG), the Employment Ordinance (BeschV), and the Skilled Immigration Act, in particular, play a central role in the legally secure hiring of third-country nationals.
It is essential for HR departments, personnel managers, and employers to be familiar with the current employment and residence law framework to avoid delays, fines, or legal risks . This article provides you with everything you need to know about the legal requirements, procedures, and practical requirements that must be observed when recruiting and employing international specialists.
1. Labor migration to Germany
1.1 Labor migration definition
Labor migration refers to the cross-border movement of individuals seeking employment in another country. It is an essential component of the globalized economy and affects both highly qualified professionals ( skilled immigration law ) and workers in less skilled occupations ( foreigner employment law ).
Due to its economic strength and the current shortage of skilled workers, Germany is considered an attractive destination for migrant workers. To ensure the legal security of employing international workers, complex legal regulations must be observed.
1.2 Areas of labor migration
Labor migration is a cross-cutting issue that touches on numerous legal areas. A basic understanding of these legal areas is crucial for companies seeking to hire international specialists, as well as for migrants themselves. Labor migration includes, among others, the following legal areas:
Right of residence: The right of residence regulates whether and for what purpose foreigners may enter and stay in Germany.
Labor law: After entering Germany, foreign workers are fully subject to German labor law, which is why special employment contract regulations must be observed for foreigners.
Social insurance: Upon commencement of employment, the migrant is subject to German social insurance obligations. However, special social insurance rules apply, particularly for secondments.
Tax law: Taking up employment in Germany leads to tax liability, which is why timely tax registration is essential for legal employment.
Professional law and recognition law : In regulated professions (e.g., healthcare professions, engineering), recognition of foreign qualifications is required. In addition, specific professional admission requirements must be met depending on the industry.
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2. Labour migration law
2.1 Definition of labor migration law
Labor migration law is the part of migration law that regulates the legal framework for the entry, residence, and employment of foreign workers in a country. It encompasses all national, European, and international legal provisions that determine the conditions under which persons from abroad may enter and reside in Germany for the purpose of employment . Since labor migration often requires legal employment contracts and lawful working conditions, labor law for foreigners is a mandatory component of labor migration law . Labor migration law is therefore an area of law that addresses the common intersection of migration law and labor law.
2.2 What is included in labor migration law?
Labour migration law includes in particular the following aspects of labour and migration law:
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Skilled worker immigration: Granting of residence permits for employment purposes to skilled workers ( skilled worker immigration law )
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Recognition law: the conditions under which foreigners may practice regulated professions in Germany (e.g. in the care sector )
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Foreigners' employment law: Work permits for foreigners who are allowed to enter without a visa (e.g. for seasonal work )
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Access to the labor market for foreigners: provisions governing the labor market assessment by the Federal Employment Agency (e.g. priority assessment )
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Working conditions for foreigners: Regulations that determine the working conditions for foreigners (e.g. salary levels and collective agreements for foreigners)
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Employer obligations : Special obligations that employers have when employing foreign nationals and the consequences of breaches of employer obligations
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Global Mobility and Relocation : All standards governing applicable social security law and the interaction with labor migration (e.g. A1 certificates and postings)
3. Labor migration
Labor migration plays a central role in Germany's economic development. In contrast to pure labor migration, which focuses exclusively on dependent employment, labor migration also encompasses the self-employment of migrants . It thus opens up international opportunities for both foreign skilled workers and foreign entrepreneurs who wish to invest in Germany or establish their own business. Labor migration thus goes well beyond the term labor migration, which generally refers only to employment in a dependent employment relationship.
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Are you looking for a lawyer in German immigration and foreigners law? We are happy to support you in residence procedures before embassies, immigration authorities and administrative courts.
Contact us to book a video call consultation with a German immigration lawyer!
VISAGUARD.Berlin Legal Services
