When hiring foreign nationals in Germany, it is essential for employers to ensure that the individual holds a valid work permit. The key document that grants permission to work is known as the residence title. This document outlines whether a person is allowed to engage in employment or self-employment in Germany. Understanding the details of this permit helps employers stay compliant with German labor and immigration laws.
1. Understanding the Residence Title
The residence title is the primary document that authorizes a non-EU national to live and work in Germany. It is typically issued as a card and includes information about the individual’s right to engage in employment.
Key Phrases to Look For:
-
"Erwerbstätigkeit gestattet" – Employment of any kind is permitted.
-
"Erwerbstätigkeit erlaubt" – Employment is allowed without restriction.
-
"Erwerbstätigkeit siehe Zusatzblatt" – Employment is subject to additional conditions specified on a supplementary sheet.
These phrases are critical indicators of the type of work an individual is authorized to undertake.
2. Employer Responsibilities
Under German law, employers must ensure that each foreign employee is legally allowed to work. This involves more than just a verbal confirmation—it requires proper documentation and recordkeeping.
Steps for Employers:
-
Obtain a Copy: Request a clear scan or photocopy of the employee’s residence title.
-
Check Work Authorization: Verify that the permit includes one of the employment-affirming phrases mentioned above.
-
Store Securely: Keep a copy of the residence title in the employee’s personnel file as part of your official employment records. This is a legal requirement and serves as proof that the employer has fulfilled their verification obligations.
3. Additional Documentation – The Zusatzblatt
If the residence title includes the phrase "Erwerbstätigkeit siehe Zusatzblatt", it means that the exact nature and limits of the individual’s work authorization are detailed in a supplementary page attached to the permit.
What Employers Should Do:
-
Request and review the Zusatzblatt (supplementary page).
-
Ensure that it matches the job role or type of employment being offered.
-
Include a copy of this page in the employee’s records alongside the main residence title.
This extra step is crucial to confirm the exact scope of work the employee is permitted to undertake.
Verifying a German work permit is a critical part of the hiring process for foreign employees. By carefully reviewing the residence title and any accompanying documents, and by storing these records appropriately, employers ensure legal compliance and avoid potential penalties. Understanding key phrases and legal responsibilities enables smooth onboarding and supports a lawful, transparent work environment in Germany.