Rights & obligations of the employer

Before entering the country, the employer should conclude an employment contract subject to reservation (or with a corresponding additional clause "upon commencement"), which only becomes effective when the valid visa is issued or when the employee commences employment with the employer.

As a rule, the skilled worker must apply for a visa at the relevant German diplomatic mission abroad.

This often requires the approval of the Federal Employment Agency, which is obtained as part of a procedure within the authorities.

When recruiting skilled workers through special skilled worker procedures (accelerated skilled worker procedure, recognition partnership, etc.), other conditions and different procedures may apply.

The accelerated skilled worker procedure can be here directly online. This enables rapid processing and considerably shortens the administrative channels for employers.

During employment, the employer must ensure that the working conditions of the foreign skilled worker are comparable to those of domestic employees. Any discrimination based on nationality with regard to employment, remuneration and other working conditions is prohibited.

It is also important to regularly check the validity of the residence permit and to arrange for extensions in good time.

If the employment relationship is terminated prematurely , the employer is obliged to report this to the responsible immigration authority within four weeks .

Failure to report this can lead to high fines .

In Central Saxony, employers benefit from a strong network of partners and a central point of contact at the Foreigners and Asylum Office, which is specifically responsible for dealing with issues relating to the immigration of skilled workers. This office is called the Central Saxony Employment and Migration Service Center. The contact details of the service center can be found in the info box below.

Support is also provided by the Chemnitz Chamber of Industry and Commerce (IHK) - Regional Chamber of Central Saxony provides support with the recognition of foreign professional qualifications.

You can also obtain information from the Central Saxony Economic Development Agency and the local employer service.

If a former employee (e.g. after resignation or dismissal) has not returned company property provided to them and their current whereabouts are also unknown, the company can take the following legal steps :

Written request for return: First of all, the former employee should be requested in writing to return the property. This can be done by registered letter to the last known address.In this letter, a reasonable deadline should be set for the return and the possible legal consequences of non-compliance should be pointed out.

Compensation for damages incurred: If there is a contractual provision that provides for the return of the items, the company can demand compensation if the items are not returned. This can be particularly relevant if costs are incurred due to the lack of return or if the item has to be procured again.

Involvement of a debt collection agency or lawyer: If the former employee does not respond to the request, the company can hire a lawyer or debt collection agency to enforce the return or financial compensation.

criminal charges for embezzlement: Non-return may constitute embezzlement (§ 246 StGB). In this case, the company can file a criminal complaint, especially if there is suspicion that the former employee deliberately kept the items. The police can also determine the current registration address and thus reclaim the company property in a targeted manner (e.g. via seizure). It is advisable to document all steps carefully and, if necessary, to seek legal assistance in order to protect the interests of the company.