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.

Employers are obliged to check whether the foreign skilled worker has a valid residence permit authorizing them to work in Germany(work permit) before starting employment.

A copy of this residence permit must be kept in the company.

In the case of temporary residence permits, care should also be taken to ensure that these are extended in good time in order to guarantee continuous employment.

Employers who wish to bring third-country nationals to Germany are obliged to inform them in text form of the possibility of free information or advice on labor and social law issues on the first day of employment at the latest. They must at least provide the current contact details of the nearest advice center to the workplace . These can be found on the website www.faire-integration.de website. The website also contains leaflets and information material that can be used.

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.

To this end, it is advisable to make a reminder in good time before the residence permit expires (approx. 3 months in advance) to remind the skilled worker to submit an application for renewal to the immigration authority.

Employers who wish to bring third-country nationals to Germany are obliged to inform them in text form of the possibility of free information or advice on labor and social law issues on the first day of employment at the latest. They must at least provide the current contact details of the nearest advice center to the workplace . These can be found on the website www.faire-integration.de website. The website also contains leaflets and information material that can be used.

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.