Free movement : Germany

Information on the transitional rules governing the free movement of workers from, to and between the new member states

European Commission:

In the Member Countries of the European Economic Area (EEA) 1 the free movement of workers is a fundamental right which permits nationals of one EEA country to work in another EEA country on the same conditions as that member state's own citizens.

During a transitional period of up to 7 years after accession of 10 Member States to the EU on 1 May 2004 2 and of 2 Member States on 1 January 2007 3 , certain conditions may be applied that restrict the free movement of workers from, to and between these member states.

These restrictions only concern the freedom of movement for the purpose of taking up a job and they may differ from one member state to another.

By selecting a country in the list below you will find out which rules apply in that country to job seekers from other member states.


* Legal notice - disclaimer

For the first two years after the accession of the new EU Member States, their nationals have enjoyed both the freedom of movement for workers (Article 39 et seqq. of the EC Treaty) and the freedom to provide cross-border services (Article 49 et seqq. of the EC Treaty), subject to the transitional provisions set out in the Accession Treaty. These stipulate that freedom of movement for workers – except in the case of Malta and Cyprus – is subject to the respective national and bilateral agreements. This means that access to employment in Germany, providing that it is covered by the legal regulations and international agreements (e.g. for seasonal workers, guest workers and contract workers as well as for other professional groups and occupations), is possible. Since the date of the new EU Member States’ accession, there have been no restrictions on the freedom to provide services except in construction and related branches, interior decorating and industrial cleaning (buildings, furnishings and vehicles).

What kind of permission does a citizen of Poland need in order to have access to the labour market?

Citizens of the new Member States who are still subject to transitional arrangements (as is the case for Czech citizens) may only take up employment if they have an EU work permit issued by the Bundesagentur für Arbeit (the Federal Employment Agency) (BA) and may only be employed if they are in possession of such a permit. Citizens of the new Member States are to be given priority over citizens of third countries entering Germany in search of employment. It is no longer necessary for such workers to be in possession of a residence permit according to the Freizügigkeitsgesetz/EU (Freedom of Movement Act/EU). Citizens of the European Union have an automatic right of residence under Community law.

What are the criteria for issuing a work permit?

The conditions under which a work permit can be issued under Sections 284 et seqq. of the Drittes Buch Sozialgesetzbuch (the Third Book of the Code of Social Law) (and the regulations pertaining thereto, i.e. the Anwerbestoppausnahmeverordnung (regulations governing exceptions to the recruitment ban) and Arbeitsgenehmigungsverordnung (regulations governing work permits), can be found in Circular 7 on the employment of foreign workers in Germany, along with further information, on the website http://www.arbeitsagentur.de Service von A bis Z >> Vermittlung >> Ausländerbeschäftigung (http://www.arbeitsagentur.de Service from A to Z >> Mediation >> Employment of foreigners).

What is the procedure for a job seeker to obtain a work permit?

Once a jobseeker has found an employer who wishes to employ him or her, he or she must go to the local Agentur für Arbeit (Employment Agency) in the district in which the prospective employer is established, to apply for an EU work permit. Jobseekers can also register as such with an Agentur für Arbeit (Employment Agency) or use the SIS job information service system there (or on the Internet) to look for a job themselves. [N.B. The BA’s virtual ‘Employment Exchange’ will by now give access to this system; for further information, contact the BA – or IIA4].

Where can job seekers get more information?

Information on the work permit procedure can be found at: www.arbeitsagentur.de >> Service A-Z >> Vermittlung >> Ausländerbeschäftigung (www.arbeitsagentur.de Service from A to Z >> Mediation >> Employment of foreigners). Zentralstelle für Arbeitsvermittlung (the Central Placement Office) (ZAV) in Bonn (Villemombler Straße 75, Tel. +49 228 713-0), whose EURES advisors are linked into the EURES network, can provide further information. It is also possible to contact the ZAV via the Internet at: www.arbeitsagentur.de >> Ihre Agentur für Arbeit >> besondere Dienststellen >> Zentralstelle für Arbeitsvermittlung (www.arbeitsagentur.de >> Your employment agency >> Special departments >> the Central Placement Office).

What is the procedure for an employer to recruit citizens of Poland

Please refer to the relevant entry above for details relating to the procedures governing the issue of an EU work permit. It should be noted in particular, that the compulsory checks of the labour market to ensure that applicants entitled to preferential consideration do receive priority over others, require that a specific, verifiable offer of employment be attached to any application for an EU work permit. It may also be necessary to carry out other procedures, such as for example obtaining recognition of professional qualifications, at the relevant offices. The EURES network and its advisors can provide basic information on such matters.

Where can an employer obtain more information?

Employers can contact the relevant Agentur für Arbeit (Employment Agency) or the Zentralstelle für Arbeitsvermittlung (Central Placement Office) (contact data, see point 4 above) for further information.

References to relevant national legal acts

The relevant legal regulations include:

  • Drittes Buch Sozialgesetzbuch (the Third Book of the Code of Social Law) (Sections 284 to 288)
  • Arbeitsgenehmigungsverordnung (regulations governing work permits)
  • Anwerbestoppausnahmeverordnung (regulations governing exceptions to the recruitment ban)
  • Aufenthaltsgesetz (Residence Act)
  • Beschäftigungsverordnung (Employment Regulation)
  • Beschäftigungsverfahrensverordnung (Employment Procedures Regulation)
  • Freizügigkeitsgesetz/EU (Freedom of Movement Act/EU)

The legal regulations can be downloaded from the Internet at: www.aufenthaltstitel.de

Restrictions concerning posted workers

Which sectors are concerned?

Construction, including related branches, industrial cleaning (buildings, furnishings and vehicles) interior decorating.

What are the restrictions applied?

Contract workers employed for the cross-border provision of services may be admitted in these sectors under existing bilateral contract worker agreements. The number of workers who may be admitted is subject to quotas. The relevant offices in those countries sending workers select suitable companies to make use of the contingents. Information on how workers can be sent to work in Germany in these fields can be found on the website www.arbeitsagentur.de >> Service von A bis Z >> Vermittlung >> Ausländerbeschäftigung >> Werkvertragsarbeitnehmer (www.arbeitsagentur.de >> Service from A to Z >> Mediation >> Employment of foreigners >> Contract workers ). Particular reference should be made to Circular 16a which describes the procedures for contract workers from the new EU Member States in detail.

Where can more information be obtained?

Further information, for example, about the difference between those services for which a permit is required and those not requiring a permit, can be found at: www.arbeitsagentur.de >> Service von A bis Z >> Vermittlung >> Ausländerbeschäftigung >> Werkvertragsarbeitnehmer (www.arbeitsagentur.de >> Service from A to Z >> Mediation >> Employment of foreigners >> Contract workers).

* Legal notice - disclaimer

The information on the transitional rules for the free movement of workers from, to, and between the new Member States has been supplied by the EURES members (The national public employment services) in the respective Member States, in co-operation with other competent national authorities, who have made every effort to ensure its accuracy. We cannot, however, guarantee that the information is always comprehensive, complete, accurate and up to date, and nor should the publication on the EURES Job mobility portal be taken to imply that the European Commission or its services agree on the way the transitional arrangements are applied in the country in question. The Commission accepts no responsibility for any loss or damage resulting from the publication of this information.

Please also see this important legal notice:
http://ec.europa.eu/geninfo/legal_notices_en.htm