I want to go to Germany. How to handle the labor service?

First, Germany restricts the introduction of labor services in principle.

Germany is the most populous country in Europe and a non-immigrant country. In order to maintain the stability of its labor market and ensure the full employment of its citizens and citizens of EU countries, Germany strictly restricts the employment of workers from third countries outside the EU in principle. However, due to the shortage of professionals in some industries, especially the IT industry, Germany has also formulated special policies to attract high-end talents from all over the world to Germany. In addition, with the increasingly aging population in Germany, the nursing industry in Germany is extremely short of talents, and the industry calls on the government to revise the foreign labor policy and introduce nursing professionals from other countries, including China.

II. Relevant policies and regulations on the introduction of labor services

"Priority review" principle

The so-called "priority review" principle refers to whether the relevant 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. 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 who have the same employment rights can do after the training provided by the labor bureau, the jobs should be provided to the above-mentioned personnel. 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.

Germany also stipulates that 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 Aliens Administration.

"green card" plan

In order to speed up the development of information technology and make up for the shortage of domestic talents, Germany relaxed the restrictions on paying information technology experts from EU countries to work in Germany with reference to the "green card" issued by the United States, and implemented the "green card" plan from August 2000 1. However, Germany's "green card" has a high threshold and strict regulations. Only information technology professionals who have received formal higher education and whose employers pay no less than 654.38 million marks (about 64,800 euros) a year are eligible for the "green card". The "green card" does not mean long-term residency. The holder must stay in Germany for three years and can extend it for another two years before going home.

(3) "Exceptions"

Under normal circumstances, it is extremely difficult for ordinary migrant workers to work in Germany except "flavor chefs". Article 26 of the second part of the German Employment Regulations stipulates that "qualified flavor chefs can obtain a work permit of up to three years (now changed to four years) when they apply to work in the corresponding flavor restaurant in Germany". This regulation has opened a hole for China chefs to enter the German market, and the so-called "chefs with special flavor" can enjoy the treatment of high-tech personnel entering Germany.

Three, the introduction of labor management procedures and workflow

(a) The "Employment Agency for Foreign Workers" under the German General Labor Administration is responsible for examining whether they can enter Germany for employment.

(two) the labor bureau where the performance is located is responsible for issuing work permits and approving extensions.

(3) The immigration office where the performance is held is responsible for issuing residence permits and extending the examination and approval.

A foreign worker who meets the entry requirements can only work in Germany after signing a contract, interviewing (submitting materials to German embassies and consulates abroad), examination and approval by the employment introduction center of foreign workers, obtaining a residence permit (examined and issued by the local immigration bureau at the place of performance), examination and approval by the General Administration of Foreigners, obtaining a visa (issued by German embassies and consulates abroad) and entering the country. During his employment, the local labor bureau will supervise the performance of the contract, issue a work permit and extend it (no more than 4 years) or replace it.

Four, Germany on the introduction of labor and work visa management regulations

Nationals from third countries outside the EU (except EWR member countries and Switzerland) must apply for a visa before entering Germany for employment, and the employment category is directly indicated on the visa. The first visa is generally valid for 3 months. According to article 18 of the Residence Law, after the visa expires, the labor bureau that needs to fulfill the visa again submits an application for extension of employment and goes through the formalities for extension of residence at the immigration office.

German embassies and consulates abroad are institutions that accept and issue visa applications. Foreign workers first make an appointment by telephone (online) to submit the date of visa application, and then go to the interview in person (to answer various questions raised by visa officers) and submit all kinds of materials needed for visa application, including: passport, visa application form, original and photocopy of household registration book (and translated into German), medical insurance certificate, resume, overseas labor contract, education certificate, language proficiency certificate, and letter from the original work unit (some other materials need to be provided).

After the visa application materials are accepted, they will be transferred back to Germany by German foreign institutions and approved by the above-mentioned relevant authorities. German foreign institutions decide whether to issue visas according to the examination and approval results. Due to many examination and approval links, "official document travel" takes a long time, and the period of German workers' visas to go abroad is as short as one or two months, and as long as three months, five months or even six months.