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Contract worker card
Lawyer: Everything important about the requirements and the application for the contract worker card (contract work procedure).
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what the contract work procedure at the Federal Employment Agency is
Requirements for the contract worker card
what upper limits exist for contract workers
how to apply for the contract worker card
1. Contract worker card
2. Requirements for a contract worker card
3. Upper limits and quotas for contract work procedures
3.1 Quotas for contract workers' cards
3.2 Upper limits for construction industry contract work procedures
4. Apply for a contract worker card
5. FAQ
6. Conclusion: Contract worker card
1. Contract worker card
The contract work procedure allows foreign workers to be employed in Germany under simplified conditions. These workers are then issued a so-called contract work employee card by the Federal Employment Agency. However, employment is only permitted within specified quotas and for a limited duration. A valid contract work agreement between the foreign company and a German client or a company from another EU member state is a prerequisite.
The legal framework for these service contracts is clearly defined: Posted workers must operate 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 inform themselves thoroughly about the applicable requirements to avoid legal violations.
2. Requirements for a contract worker card
Several requirements must be met for the contract work procedure or the contract work employee card:
Applicable nationality: The contract 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 contract for work and services : The posting of foreign employees by companies based abroad to work in the Federal Republic of Germany can only take place on the basis of a contract for work and services. The contract for work and services must comply with the criteria of Sections 631 et seq. of the German Civil Code (BGB) .
No temporary employment : The temporary employment of foreign workers under the German Temporary Employment Act (AÜG) is prohibited in contract work procedures. Temporary employment exists when a foreign worker is assigned by their employer (the temporary employment agency) to a third party (the client company) to perform work.
Not exclusively auxiliary work: Contract execution primarily requires the use of qualified specialists. However, approval may also be granted for auxiliary workers if their number is proportionate to the number of skilled workers.
Compliance with minimum working conditions : To obtain a contract worker card, the minimum working conditions stipulated by the Minimum Wage Act (MiLoG) and the Posted Workers Act (AEntG) must be met. The MiLoG and the AEntG regulate the 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, as stipulated in the respective government agreement, must not be exhausted.
3. Upper limits and quotas for contract work procedures
3.1 Quotas for contract workers' cards
The intergovernmental agreements stipulate annually how many contract workers from certain countries are permitted to work in Germany. These quotas are adjusted each October to reflect the situation in the German labor market. Changes in the economic situation can lead to an increase or decrease in the quotas. The Central Placement Office for Foreign and Specialist Workers (ZAV) monitors compliance with the established maximum numbers. Companies wishing to employ contract workers can inquire about the current quota figures at the ZAV. These annual average figures must not be exceeded.
To monitor quota utilization, the number of employed contract workers is statistically recorded monthly. This is based on the granted approval of the residence permit. The allocation of contract work 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 are counted towards the quota. This also applies to skilled workers in management or administrative positions within the framework of the contract work.
3.2 Upper limits for construction industry contracts for work and services
The number of work contract employee cards that can be issued is limited in the construction industry . For work contracts with companies based in Germany that employ up to 50 skilled workers , approval may be granted for up to 15 work contract employees. For companies that employ more than 50 skilled workers, approval may be granted for up to 30% of the skilled workers in the German company, up to a maximum limit of 300 employees.
4. Apply for a contract worker card
If your company meets the described requirements and the quotas have not yet been exhausted, you can apply for the contract worker card online at the Federal Employment Agency . For approval of the contract work procedure, it is crucial that all required documents are complete and correct . This includes, in particular, the personally signed declaration of intent to enter into the contract work agreement, the contract itself, and a detailed description of services with specifications regarding quantities and prices. Additionally, a quota confirmation from the responsible procurement office in your country of origin and proof of payment of the basic fee must be submitted. If the company is in the construction industry, further documentation such as a self-declaration 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.
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5. FAQ
What is the contract worker card?
The contract worker card enables companies in Germany to employ foreign workers on a temporary basis under a contract for work and services.
How do I apply for a contract worker card?
The application is submitted online to the Federal Employment Agency. Required documents include the construction contract, a description of services, confirmation of quota, documentation relating to the construction industry (if applicable), and proof of payment.
6. Conclusion
The contract worker card offers companies in Germany the opportunity to employ qualified skilled workers from certain countries on a temporary basis under a contract for services. A valid contract for services and compliance with strict labor and social security regulations are prerequisites, particularly the minimum working conditions stipulated by the Minimum Wage Act (MiLoG) and the Posted Workers Act (AEntG) . Since employment is subject to fixed quotas and upper limits – especially in the construction industry – employers should always keep abreast of the current regulations of the Federal Employment Agency and the Central Placement Office (ZAV). A complete and correct application is crucial to avoid delays in the process and to benefit from the advantages of contract work for recruiting skilled workers.