Contract worker card
Everything you need to know about the requirements and payment for the contract worker card (contract work procedure).
German Citizenship through VISAGUARD
what the contract for work procedure is at the Federal Employment Agency
Requirements for the contract worker card
what upper limits apply to contract workers
how to apply for the contract worker card
Table of Content
1. Contract worker card
2. Requirements for the contract worker card
3. Upper limits and quotas for work contract procedures
3.1 Quotas for contract worker cards
3.2 Upper limits for construction contracts
4. Apply for a contract worker card
5. Conclusion Contract Worker Card
1. Contract worker card
The contract-for-work procedure allows foreign workers to be employed in Germany under simplified conditions. These workers are then issued a so-called contract-for-work card by the Federal Employment Agency. However, employment is only permitted within specified quotas and for a limited period. A valid contract for work between the foreign company and a German client or a company from another EU member state is required.
The legal framework for these work contracts is clearly regulated: The posted workers must work in compliance with German laws and regulations. This means, among other things, that labor law, social security regulations, and minimum working conditions must be observed. Employers and clients should therefore familiarize themselves with the applicable requirements to avoid legal violations.
2. Requirements for the contract worker card
Various requirements must be met for the work contract procedure or the work contract worker card:
Applicable nationality: The contract for work procedure can only be applied to nationals of the following countries : Bosnia and Herzegovina, North Macedonia, Serbia, Turkey, Andorra, Australia, Israel, Japan, Canada, Republic of Korea, Monaco, New Zealand, San Marino, United Kingdom of Great Britain and Northern Ireland, United States of America.
Existence of a work contract : The posting of foreign workers by foreign-based companies for employment in the Federal Republic of Germany can only take place on the basis of a work contract. The work contract must meet the criteria of Sections 631 et seq. of the German Civil Code (BGB) .
No temporary employment : The temporary employment of foreign workers is prohibited under the Temporary Employment Act (AÜG) in the contract for work and services procedure. Temporary employment occurs when the foreign worker is assigned by their employer (temporary employment agency) to a third party (hirer) to perform work.
Not exclusively unskilled work: Contract execution requires the use of qualified skilled workers. However, unskilled workers may also be approved if their number is proportionate to the number of skilled workers.
Compliance with minimum working conditions : To be issued with a contract worker card, the minimum working conditions stipulated in the Minimum Wage Act (MiLoG) and the Posted Workers Act (AEntG) must be met. The MiLoG and AEntG regulate minimum standards for wages and working conditions, including reporting obligations and documentation requirements for domestic and foreign employers.
Upper limits and quotas not exhausted: Finally, the quotas for the contract worker card set out in the respective government agreement must not be exhausted.
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3. Upper limits and quotas for work contract procedures
3.1 Quotas for contract worker cards
Intergovernmental agreements annually determine how many contract workers from certain countries may work in Germany. These quotas are adjusted each October to reflect the labor market situation in Germany. Changes in the economic situation may lead to an increase or decrease in the quotas. The Central Agency for International and Specialist Employment (ZAV) monitors compliance with the specified maximum numbers. Companies wishing to employ contract workers can request the current quota numbers from the ZAV. These annual averages may not be exceeded.
To monitor quota utilization, the number of contract workers employed is statistically recorded monthly. The basis for this is the approval granted for the residence permit. The allocation of contract workers quotas is carried out exclusively by the responsible ministry in the home country ( quota allocation office ). All contract workers who come to Germany to fulfill a contract for work and services are counted toward the quota. This also applies to skilled workers in managerial or administrative positions within the scope of the contract for work and services.
3.2 Upper limits for construction contracts
The number of contract worker cards that can be issued is limited in the construction industry . For work contracts with companies based in the Federal Republic of Germany that employ up to 50 industrial workers , approval may be granted for up to 15 contract workers. For companies that employ more than 50 industrial workers, approval may be granted for up to 30% of the industrial workers in the German company, up to a maximum of 300 employees.
4. Apply for a contract worker card
If your company meets the requirements described and the quotas have not yet been exhausted, you can apply for a contract worker card online with the Federal Employment Agency . In order to obtain approval for the contract work procedure, it is crucial that all required documents are complete and correct . This includes, in particular, the personally signed declaration regarding the contract for work and services, the contract for work and services itself, and a detailed description of the services, including details of quantities and prices. In addition, a quota confirmation from the responsible awarding authority in the country of origin and a payment slip for the basic fee must be submitted. If the company is in the construction industry, further documentation such as a self-disclosure and statements from the supplementary pension fund for the construction industry are required. All documents must be in PDF, JPG, JPEG, PNG, or BMP format and must not exceed a maximum file size of 9 MB.
Summary of this Page
The contract worker card offers companies in Germany the opportunity to temporarily employ qualified specialists from certain countries under a contract for work and services. This requires a valid contract for work and services and compliance with strict labor and social security law requirements, particularly the minimum working conditions under the Minimum Wage Act (MiLoG) and the AEntG (Aent for Work and Pensions Act). Since employment is subject to fixed quotas and upper limits – especially in the construction industry – employers should always keep an eye on the current regulations of the Federal Employment Agency and the ZAV (Federal Employment Agency). A complete and correct application is crucial to avoid delays in the process and to benefit from the advantages of the contract work procedure in recruiting skilled workers.
