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Labor Migration Law
Labor migration lawyer: Overview page on HR compliance in the areas of labor migration and labor migration law in Germany.
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About this Page
Labour migration law deals with compliance in the area of skilled worker immigration and labour migration. Labour migration law plays a particularly important role in larger units where global mobility strategies and Best practices in relocation are important topics. Legally compliant and well-coordinated processes can make a significant difference in terms of costs and employee satisfaction. On this page, you will find all the information you need on labor migration law. If you have any questions, our lawyers will be happy to assist you regarding labour migration to Germany!.
Table of Contents
1. Labor migration definition
2. Areas of labor migration
3. Definition of labor migration law
4. What does labor migration law include?
5. Labor migration
6. FAQ on labor migration law
7. Conclusion on labor migration law
8. VISAGUARD Guides Labor Migration Law
1. Labor migration definition
Labor migration refers to the cross-border migration of individuals seeking to work in another country. It is an essential component of the globalized economy and affects both highly qualified professionals ( skilled immigration law ) and workers in less skilled occupations (foreigner employment law). Due to its economic strength and the existing shortage of skilled workers, Germany is considered an attractive destination for migrant workers. To ensure the legality of the employment of international workers, complex legal regulations must be observed.
2. Areas of labor migration
Labor migration is a cross-cutting issue that touches on numerous legal areas. A basic understanding of these legal areas is crucial for companies seeking to hire international specialists, as well as for migrants themselves. Labor migration includes, among others, the following legal areas:
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Right of residence : The right of residence regulates whether and for what purpose foreigners may enter and stay in Germany.
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Labor law : After entering Germany, the foreign employee is fully subject to German labor law, which is why special employment contract regulations must be observed for foreigners.
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Social insurance : Upon commencement of employment, migrants are subject to German social insurance obligations. However, special social insurance rules apply, particularly for secondments.
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Tax law : Taking up employment in Germany leads to tax liability, which is why timely tax registration is essential for legal employment.
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Professional law and recognition law : In regulated professions (e.g., healthcare professions, engineering), recognition of foreign qualifications is required. In addition, depending on the industry, specific professional admission requirements must be met.
3. Definition of labor migration law
Labor migration law is the branch of migration law that regulates the legal framework for the entry, residence, and employment of foreign workers in a country. It encompasses all national, European, and international legal provisions that determine the conditions under which persons from abroad may enter and reside in Germany for the purpose of employment. Since labor migration often requires legal employment contracts and lawful working conditions, labor law for foreigners is a mandatory component of labor migration law. Labor migration law is therefore an area of law that addresses the common intersection of migration law and labor law.
4. What does labor migration law include?
Labour migration law includes in particular the following aspects of labour and migration law:
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Skilled worker immigration: Granting of residence permits for employment purposes to skilled workers ( skilled worker immigration law )
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Recognition law: the conditions under which foreigners may practice regulated professions in Germany (e.g. in the care sector )
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Foreigners' employment law: Work permits for foreigners who are allowed to enter without a visa (e.g. for seasonal work )
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Access to the labor market for foreigners: provisions governing the labor market assessment by the Federal Employment Agency (e.g. priority assessment )
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Working conditions for foreigners: Regulations that determine the working conditions for foreigners (e.g. salary levels and collective agreements for foreigners)
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Employer obligations : Special obligations that employers have when employing foreign nationals and the consequences of breaches of employer obligations
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Global Mobility and Relocation : All standards governing applicable social security law and the interaction with labor migration (e.g. A1 certificates and postings)
5. Labor migration (self employment)
Labor migration plays a central role in Germany's economic development. In contrast to pure labor migration, which focuses exclusively on dependent employment, labor migration also encompasses the self-employment of migrants. It thus opens up international opportunities for both foreign skilled workers and foreign entrepreneurs who wish to invest in Germany or establish their own business. Labor migration thus goes well beyond the term labor migration, which generally refers only to employment in a dependent employment relationship.
6. FAQ on labor migration law
What does labor migration mean?
Labor migration refers to the cross-border movement of people seeking employment in another country. It affects both highly skilled workers and workers in less skilled occupations.
Which areas of law play a role in labor migration?
Labour migration is a cross-cutting issue and affects, among other things, residence law, labour law, social security law, tax law as well as professional and recognition law.
What topics are covered by labor migration law?
Labour migration law includes, among other things, the immigration of skilled workers, recognition law, the law on the employment of foreigners, access to the labour market for foreigners, working conditions for foreign workers, employers' obligations and issues relating to global mobility and postings.
What is the difference between labor migration and economic migration?
Labor migration primarily refers to dependent employment relationships. Economic migration, on the other hand, is broader and also includes self-employment by migrants, for example, through business start-ups or investments in Germany.
7. Conclusion on labor migration law
Labor migration is a key tool for Germany to address the shortage of skilled workers and secure economic development. However, it requires a complex interplay of various legal areas. Labor migration law consolidates these regulations and ensures that the employment of foreigners is legally protected. Beyond pure labor migration, economic migration opens up additional scope for action by also promoting self- employment and entrepreneurial initiatives. This ensures that Germany remains an attractive location for international skilled workers and investors.
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Further Information
List of Sources (Paywall)
[1] Klaus/Mävers/Offer in Klaus/Mävers/Offer Skilled Worker Immigration Law | C. Administrative Procedures in Training and Labor Migration Law, paras. 128-323 | 1st edition 2020
[2] Klaus/Mävers/Offer Skilled Worker Immigration Law | Table of Contents | 1st Edition 2020
[4] Kluth/Breidenbach/Junghans/Kolb, The New Migration Law | Bibliography | 1st Edition 2024