Regalis, as of
In brief
The visa and the approval of the Federal Employment Agency require an employment contract or a binding offer, so the contract has to be settled early. The conditions must not be worse than those of comparable employees, and the contract should be available in a language the skilled worker understands. Regalis is not a party to the contract, and the company and the skilled worker conclude the employment contract directly with each other.
Why the contract has to be settled early
A visa for employment is only granted for a specific job. The mission abroad therefore wants to see an employment contract or a binding offer. The Federal Employment Agency also assesses the employment on the basis of these details.
The contract thus stands at the beginning of the procedure, not at the end. Anyone who only draws it up after entry will not get far.
At the same time the contract has to match the other papers. Duties, working hours, place of work and pay should read the same in the contract, the declaration on the employment relationship and the job description.
Regalis is not a party to the contract. The employment contract is concluded directly between the company and the skilled worker. You or your advisers draw up the text.
Usual contents
An employment contract with a skilled worker from abroad contains in principle the same points as any other. The essential conditions must be recorded in writing. Your advisers will tell you which details are mandatory.
With skilled workers from abroad, details that matter for the procedure are often added. These include a precise description of the duties and a start date linked to the grant of the residence permit.
- Names and addresses of the parties
- Start date and any fixed term
- Place of work and description of the duties
- Working hours and breaks
- Pay with all components and when it falls due
- Probation period, holiday and notice periods
- Reference to applicable collective agreements or works agreements
Same conditions as comparable employees
The Federal Employment Agency checks whether the working conditions correspond to those of comparable employees. The skilled worker from abroad must not be treated less favourably. This concerns pay and working hours above all. If in doubt, show the agency how you pay comparable employees.
Additional conditions apply to some residence permits, for example a certain minimum salary. The figures change and are published by the official bodies. The statutory minimum wage applies to everyone in any case.
Equal conditions are also a question of fairness. Anyone earning less than their colleagues notices quickly. That costs trust and often the skilled worker as well.
Clear language and translation
A contract the skilled worker does not understand creates misunderstandings. Provide a translation into a language they understand, therefore, or explain the content in a conversation with an interpreter.
Simple sentences help everyone involved. Technical terms that are needed can be explained on a separate sheet.
Give the skilled worker time to read the contract and ask questions. A signature under time pressure often leads to disputes.
Side agreements
Besides the contract itself there are often further arrangements. They concern, for example, accommodation or help with finding a home, language courses, travel costs or an advance. This is exactly where disputes arise later.
Put every side agreement in writing, because verbal promises are remembered differently later.
- Accommodation: rent, service charges, duration, notice, separate from the employment contract
- Language courses: time, costs, target
- Travel costs and advances: who carries what, whether and how it is repaid
Changes after signing
If something about the job changes after the approval or the visa, this can have consequences. A residence permit applies to a specific employment. The approval of the Federal Employment Agency refers to specific conditions.
Clarify changes to duties, place of work, working hours or pay with the foreigners authority beforehand, therefore. This also applies to a move within the company.
If the employment ends earlier than planned, the foreigners authority has to be informed. The authority will tell you how and when.
What this article does not do
This article deliberately contains no template and no wording to copy.
Employment law depends on the individual case, on collective agreements and on company rules.
General information on employment law is published by the Federal Ministry of Labour and Social Affairs.
Use this article as a checklist for the conversation with your advisers.
Frequently asked questions
Who do we conclude the employment contract with?
Directly with the skilled worker. Regalis is not a party to the contract and does not act as employer.
Does Regalis provide a contract template?
No. You or your advisers draw up the text. We tell you which details the authorities usually want to see in it.
Does the contract have to be translated?
The skilled worker should understand what they sign. A translation or a conversation with an interpreter makes sense for that reason. Clarify with your advisers which version applies in a dispute.
Does accommodation belong in the employment contract?
Accommodation is best regulated in a separate contract, apart from the employment contract. That keeps the housing question clear if something changes in the employment.
- For Employers How Regalis works with employers: capture requirements, present candidates, coordinate entry and the start of work. Direct employment, no staff leasing.