Short-term contingent employment
For employers: Everything you need to know about short-term quota-based employment of foreigners.
German Citizenship through VISAGUARD
what short-term contingent employment is
how you can benefit from short-term contingent employment
Requirements for short-term quota employment
Application procedure for short-term quota-based employment
Table of Content
1. Apply for short-term quota employment
2. Requirement for short-term contingent employment
3. Application procedure for short-term quota employment
4. Conclusion: Short-term contingent employment
1. Apply for short-term quota employment
Short-term quota-based employment allows employers to quickly and easily deploy unskilled foreign workers to bridge staffing shortages during peak periods . This model offers a particularly valuable solution in sectors such as the hotel and restaurant industry or at airports , as it provides temporary access to the labor market regardless of the employee's qualifications. The prerequisite for this form of employment is that the Federal Employment Agency (BA) has set a corresponding quota based on current demand.
Based on this quota, companies can apply for a work permit or approval for a residence permit. This takes place as part of the prior review procedure (pre-approval) at the Federal Employment Agency. This procedure facilitates the legally secure employment of foreign workers and ensures that the need for short-term staff can be met flexibly. In this article, you will learn everything about the requirements and procedures for hiring workers under the regulations for short-term quota-based employment ( Section 15d of the Employment Ordinance ).
2. Requirement for short-term contingent employment
For employment under short-term quota-based employment, a distinction must be made as to whether employees are permitted to enter without a visa ( Annex II of Regulation (EU) 2018/1806 ) or not ( Annex I of Regulation (EU) 2018/1806 ). If the employee is permitted to enter without a visa, they only need to apply for a work permit from the Federal Employment Agency (Section 15d (1) Sentence 1 No. 1 of the Employment Ordinance). If the employee is not permitted to enter without a visa, they must apply for a residence permit from the diplomatic mission abroad.
The key requirement for short-term quota employment is that the quota set by the Federal Employment Agency for the respective type of employment must not be exhausted . The quota currently amounts to 25,000 work permits per year. Foreign workers can only be hired if there are still vacancies in the quota. The available quota is published on the Federal Employment Agency's website and updated regularly.
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Further requirements for short-term quota employment are the following:
Minimum working hours of 30 hours per week : Employment must regularly comprise at least 30 hours per week. Part-time models below this limit do not meet the requirements.
Employer's collective bargaining agreement: The employer must either be bound by a collective agreement (Section 3 TVG) or fall within the scope of a generally binding collective agreement pursuant to Section 5 TVG.
Compliance with collective bargaining terms and conditions : The foreign worker must also be employed under the applicable collective bargaining terms and conditions.
Employer reimbursement of travel expenses : The employer is obligated to cover the necessary travel expenses for the employee. This includes both the journey to Germany and the return journey to the country of origin.
Limiting the number of third-country nationals in the company : According to Section 15d of the Employment Regulations, employers may employ a maximum of ten third-country nationals in their company within a twelve-month period. This regulation is intended to ensure a fair distribution of labor migration and prevent individual companies from hiring a disproportionate number of foreign workers.
Apart from these requirements, the employee must of course also meet the general residence requirements , in particular having a valid passport.
3. Application procedure for short-term quota employment
The work permit and pre-approval can be applied for quickly and easily via the official website of the Federal Employment Agency at www.arbeitsagentur.de (pre-approval procedure) . This procedure enables more efficient processing and reduces the administrative burden for employers and foreign skilled workers. The following documents must generally be submitted for short-term quota employment:
Declaration of employment relationship
Supplementary Sheet D
Valid collective agreement
After reviewing your documents, the Federal Employment Agency will send you the decision electronically to your eService mailbox if you have authorized yourself for electronic communication with the Federal Employment Agency.
Summary of this Page
Short-term quota-based employment offers companies a flexible and legally secure way to employ foreign workers on a short-term basis – especially in labor-intensive sectors such as hotels, restaurants, and airports. Access to the German labor market is independent of the workers' qualifications, but is tied to the annual quota established by the Federal Employment Agency.
It is important for companies to check quota utilization early and correctly complete the application process with the Federal Employment Agency. Employers benefit from a simplified process if all requirements—such as collective bargaining agreements, minimum working hours, and travel expenses—are met. The application can be submitted quickly and digitally via the Federal Employment Agency website.
