Can Germans go to industrial relations?

First, the legal system and policy measures of German foreign labor export

Strictly speaking, Germany does not have the concept of exporting labor services to the outside world, but there is a "flow of natural persons". According to the data published on the website of the German federal government (www.bva.bund.de), about 654.38+0.5 million people leave Germany for official business or work abroad every year. The Federal Administration, as the consulting agency and management department for Germans' overseas employment, provides them with consulting services related to overseas employment according to the Law on the Protection of Outgoing Persons, including employment guidance, talent pool, visa review, legal aid, and the climatic conditions, living environment, laws and regulations, work norms and other items of the destination. Article 1 of the law, "Consulting abroad", stipulates that institutions or units providing relevant consulting services must have consulting strength and qualifications and obtain permission from the competent authorities before they can engage in consulting business abroad. If the agency is unreliable, the competent department has the right to withdraw the license.

Another form of German overseas employment is that retired experts go abroad to provide technical guidance and professional services. The German Chamber of Commerce and Industry and the German Ministry of Economic Cooperation jointly established the Retirement Expert Service Organization (SES) in 1983, which is responsible for organizing German retired experts to go abroad to exert their residual heat. SES provides various insurances for overseas experts, including medical treatment, work injury, transportation and luggage transportation. Since 1983, the organization has sent 20,000 experts to 156 countries and regions around the world, including more than 1000 experts to China.

Second, Germany's legal system and policy measures on the importation of foreign workers

Germany is a non-immigrant country, but there are different demands for foreign workers in different periods, and foreign workers have been playing an important role in the recovery and development of German economy. The introduction of foreign workers in Germany can be roughly divided into three stages: the first stage is from the late 1950s to the early 1970s. After World War II, Germany was seriously short of labor, so more than 2 million foreign workers were introduced from Turkey, Italy and the former Yugoslavia to participate in post-war reconstruction. In the second stage, from the late 1970s to the reunification of Germany, Germany began to restrict the importation of foreign workers, which was marked by the Regulation on Stopping the Recruitment of Foreign Workers promulgated by 1973. The third stage is the reunification of Germany from 1990 to the present. After the reunification of Germany and Germany, the German government strictly controlled the entry of ordinary foreign workers because of the rising unemployment rate. In recent years, the unemployment rate in Germany has declined. However, due to the global financial and economic crisis, the German economy experienced a sharp recession, and large-scale layoffs occurred in industrial enterprises and service industries. Germany has further tightened its policy of importing foreign workers.

In order to regulate and manage the introduction of foreign workers, Germany has formulated many laws and regulations. Among them, there are mainly foreigners' law, employment regulations, residence law, employment promotion law, regulations on the issuance of work permits for foreign workers, regulations on stopping the recruitment of foreign workers, and regulations on exceptional arrangements for stopping the recruitment of foreign workers formulated by the German Ministry of Labor. At the same time, there are many industrial regulations used as regulatory barriers to prevent foreign workers from entering Germany, such as the Regulations on the Administration of Construction Industry.

According to the information provided by the German Federal Ministry of Labor, German laws, regulations and policies concerning the employment of foreign workers are as follows:

(1) General situation 1. Control foreign workers entering Germany.

Foreign workers (including May 2004 1)

Czech Republic, Estonia, Cyprus, Lithuania, Malta, Hungary, Poland, Slovenia, Slovakia and the European Union.

Citizens of Bulgaria, Romania and other countries and nationals of third countries who joined the European Union on June 5438+1 October/KLOC-0) are controlled to enter Germany in two ways in principle:

1) Allow them to enter the German job market according to relevant laws;

2) The principle of "priority review"

2. The so-called "priority review" principle refers to whether the competent labor bureau should give priority to a work when investigating it. All Germans, nationals of EU member States, nationals of EWR member States (formerly EU 15+ Liechtenstein+Switzerland+Norway, called the European Economic Cooperation Area) and people from third countries outside the EU who have no employment restrictions in Germany are preferred.

(2) Employment of nationals of new EU member states

1. The nationals of the new EU member states do not enjoy full freedom of employment.

Contrary to the nationals of the old member States, the nationals of the new member States (except Cyprus and Malta) do not enjoy free employment within the EU. According to the transitional provisions of joining the WTO, they need to go through a transitional period of three stages and seven years (2+3+2 mode) to enjoy the same freedom. During the transition period, its employment control should be implemented in accordance with relevant domestic laws and the national laws of both parties. Currently Germany is targeting

Countries that joined the EU on May 1 2004 (

May 2006 1 to

April 30(th), 2009

) and Bulgaria and Romania (

2009 1 October1to

20 1 1 12 3 1

Nationals adopt the second-stage transition policy.

65438+February 3, 2008

The German federal government has made a target

On May 1 day, 2004, the third phase (

May 2009 1 to

April 30th, 20 1 1

) transitional policy. 2. Provisions on Residence and Employment of Nationals of New EU Member States

They are not restricted by the residence law and enjoy the freedom of residence stipulated by the EU's free immigration law, but their employment needs to be approved by the labor department. The Employment Ordinance has detailed provisions.

3. Workers in the new member countries do not need to apply for residence permits.

They don't need to apply for a visa or residence permit to enter Germany, they only need to hold passports or valid identity documents. If you are alive, you must declare your account.

4. Nationals of new member states need to get permission to work in Germany.

According to EU law (Article 284, Part III of SGB), nationals of new member States need to obtain permission to work in Germany during the transition period, and the first permission is limited. If there is any illegal act, it shall be handled according to the second, third and fourth paragraphs of Article 404 in the third part of SGB.

5. Exceptions to the employment of nationals of new member States in Germany without permission

According to Article 9 of the Employment Permit Regulations, nationals of new EU member states may work without the permission of the Labor Bureau under the following circumstances.

* As a business leader (paragraph 1)

:: Short-term employment (section 5)

:: Engaged in scientific research and teaching (Section 8)

* College students take part-time jobs during holidays (Section 9)

6. The employment of high-quality talents in the new EU member states does not require permission.

Article 3 of the Employment Regulations stipulates that preferential treatment is given to high-quality talents in new EU member states. Paragraph 2 of article 19 of the Residence Law also stipulates that scientists with rich professional knowledge, teachers with high professional titles, experts with special experience and senior staff can be employed without permission if their annual salary is not less than 64,800 euros.

(3) employing nationals of third countries outside the EU

1. The relevant laws and regulations of third-country nationals entering Germany for employment include residence law, employment regulations and employment approval regulations.

2. Entry and employment of third-country nationals in Germany

Nationals of third countries (except EWR member countries and Switzerland) must apply for a visa before entering Germany. The employment category is directly indicated on the visa, and the first visa is generally valid for 3 months. According to article 18 of the Residence Law, an application for extension of employment can be submitted again after the visa expires. The residence permit has a time limit and the employment category is clearly defined. The issuance of residence permits requires the consent of the competent labor department. Citizens of Australia, Israel, Japan, Canada, South Korea, New Zealand and the United States do not need a visa to enter Germany, but if they are employed, they must apply for an employment residence permit.

3. Visa and residence permit issuing agencies

German embassies and consulates abroad are visa issuing agencies; The relevant German Aliens Administration is responsible for issuing residence permits after entry. At the same time, the foreigners' administration bureau where the employer is located participates in visa approval. When applying for a visa, you must attach a professional qualification certificate and a labor contract.

4. The residence permit for the purpose of employment must be approved by the labor bureau where the employer is located. The Labor Bureau issues a consent form according to the following conditions:

1) complies with relevant laws and regulations for entering the German labor market;

2) define the job position;

3) After priority review, it is confirmed that there is no candidate.

5. Exceptions for issuing residence permits for employment purposes without the consent of the Labor Bureau.

According to the Employment Regulations, the issuance of residence permits for employment purposes does not require the approval of the labor bureau under the following circumstances:

:: Performing leadership functions (Article 4)

* Short-term employment (article 1 1)

:: Engaging in scientific research and teaching (article 5)

* College students work during holidays (10)

6. Provisions on the employment of unskilled workers in third countries in the Law on the Employment of Foreigners.

Unskilled workers from third countries who have no full-time work experience for three years can obtain employment and residence permits under certain conditions. Chapter II of the Employment Regulations stipulates in principle that seasonal workers (article 18), mobile stall helpers (article 19) and domestic helpers (article 2 1) belong to this category, but it is based on the relevant agency agreement signed by the German Labor Bureau and the labor source country. At present, Germany has only signed similar agreements with Croatia for seasonal workers and mobile booth helpers.

7. Relevant regulations for skilled workers

Article 25 of the Employment Ordinance defines a skilled worker as a person with at least three years of professional experience. For example, nursing workers from Croatia (Article 30) and flavor chefs (Article 26, Part 2 of the Employment Regulations) can obtain the consent of the Labor Bureau to enter Germany for employment. This is also the legal basis for my chef to work in Germany.

8. Provisions for professionals with higher education

Article 27 of the Employment Regulations stipulates that due to Germany

From 65438+ in 1 October 2009 to1.

For highly educated professionals from third countries, such as IT professionals, to implement the employment opening policy, the labor bureau must agree to issue employment residence permits.

In addition, according to article 19 of Chapter II of the Residence Law, high-quality talents such as scientists, senior teachers, experts and senior staff with special work experience can obtain long-term residence permits with an annual salary of not less than 64,800 euros. According to Article 3 of the Employment Regulations, it is not necessary to obtain the consent of the Labor Bureau to apply for a residence permit, and the occupational category is not limited. Family members can accompany them in employment.

The residence permit for the purpose of employment obtained by nationals of a third country has a time limit, but it can be extended under certain conditions. It is possible to obtain long-term residency after five years. Article 9 of the Employment Approval Regulations stipulates that a third-country national with a residence permit can obtain an indefinite work permit after two years of continuous work or three years of uninterrupted residence in Germany.

From the perspective of laws and regulations, Germany's foreign labor policy has the following characteristics:

(A) high market access threshold

Germany's Employment Promotion Law clearly stipulates the principle of importing foreign workers.

1. There are few employment opportunities. Germany's employment policy is to ensure that Germans and foreigners who enjoy the same employment rights as Germans have priority employment opportunities and prevent imported labor from adversely affecting the labor market, especially the employment structure, regions and industries; Employers must give priority to Germans and foreigners with equal employment rights; Only when Germans or foreigners who enjoy the same employment rights as Germans can't do the job, and employers really can't recruit suitable people in their own country for a certain period of time, can they hire foreign workers; For the jobs that Germans and foreigners with equal employment rights can do after training provided by the Labor Bureau, the jobs should be provided to the above-mentioned personnel; It is strictly forbidden to work illegally.

From this principle, it can be seen that the prerequisite for workers to work in Germany is to have special skills needed by German employers, which Germans or foreigners who enjoy the same employment rights as Germans do not have.

According to the regulations, if German companies, enterprises, schools, organizations and individual employers need to hire foreign workers, they must first look for them in China in the form of advertisements, and then apply to the labor department after determining that there are no suitable candidates. Foreign workers can only be allowed to work in Germany with the approval of the German Ministry of Labor and the Foreign Affairs Administration.

2. There are few work permits. Non-EU citizens who intend to work in Germany must apply for a work permit. Work permits are only issued to foreigners who have the right of abode and are issued by the labor bureau at the place of work. In order to ensure priority employment in Germany, Germany strictly controls the export of labor services. Foreigners are not allowed to do similar jobs that Germans can do.

1973165438+1October 23rd

The third paragraph of article 285 of the third volume of the German Social Law, which came into effect, stipulates that in principle, the issuance of work permits to foreign workers who are not in Germany will be stopped. You can't work in Germany without a work permit. In addition, the Regulations on the Implementation of the Alien Law, the Regulations on the Work Permit of Non-German Workers and the Law on the Administration of Entry and Residence of Aliens all make strict provisions on the issuance of work permits by foreigners.

There are other regulations for some special industries. For example, according to Germany's construction industry management regulations, people who enter Germany to work in the construction industry must pass the German technician examination and have the qualification of a technician before they can obtain a license. Technician examination is conducted in German, and the examination is divided into four parts: professional skills, professional theoretical knowledge, enterprise management and legal knowledge, and vocational and labor education knowledge. Article 46 of the third part of the Handicraft Industry Regulations and the third part of the Construction Project Contracting Regulations have detailed provisions on this.

(2) The visa procedures are complicated.

According to Germany's Alien Law and Employment Regulations and other relevant laws, in principle, a foreigner who wants to enter Germany for employment must apply for an entry visa to the German embassy or consulate in the host country, and then the German embassy or consulate will forward the application to the German Aliens Administration, which will make a decision on granting or refusing the visa after consulting the labor bureau and industry associations. For example, when a chef from China goes to Germany, he must first review the visa application materials through china international contractors association, make an appointment for an interview, and then go to the embassies and consulates in China and Germany for an interview. After the interview, German institutions should contact the schools and work units for chef training by telephone for confirmation, and then send the application materials to the German General Administration for Foreigners. In Germany, the process is as follows: General Administration of Foreigners → Labor Bureau and Immigration Bureau of the signing place → Employment Center for Foreign Workers → Labor Bureau and Immigration Bureau of the signing place → General Administration of Foreigners → China Embassy and Consulate in Germany. It takes the whole process, that is, 3 to 5 months to get a visa, more than half a year. Not only is the visa period long, but the refusal rate is also quite high.