Regulation On The Work Permit For Foreign Workers

Original Language Title: Verordnung über die Arbeitsgenehmigung für ausländische Arbeitnehmer

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Work permit regulation for foreign workers (Labor approval regulation-ArGV)

Non-official table of contents

ArGV

Date of delivery: 17.09.1998

Full quote:

" Work-approval decree of 17. September 1998 (BGBl. 2899), as last amended by Article 10 of the Law of 17. June 2013 (BGBl. I p. 1555) "

:Last modified by Art. 10 G v. 17.6.2013 I 1555

For details see the menu under Notes

Footnote

(+ + + Text evidence: 25.9.1998 + + +)

Non-Official Table of Contents

Input Formula

Based on § 288 (1) (1) and (2) and (4) to (8) of the Third Book of Social Code (Social Code)- Employment promotion-(Article 1 of the Law of 24. March 1997, BGBl. 594), in conjunction with Article 81, first sentence, of the Labour Promotion Reform Act of 24 June 1994. March 1997 (BGBl. I p. 594), the Federal Ministry of Labour and Social Affairs decrees: Non-official table of contents

§ 1 Work permit

(1) The work permit can be granted After the situation and development of the labour market (§ 285 (1) sentence 1 no. 1 and 2 of the Third Book of the Social Code) are granted
1.
for a specific professional activity in a particular enterprise or
2.
without limitation to a
() By way of derogation from § 285 (1) sentence 1 (1) and (2) of the Third Book of the Social Code, the work permit may also be issued if
1.
The failure to take account of the particular circumstances of each case is a special (a
2.
the foreigner will continue employment with the same employer after one year of legal employment.
The maximum limits for the period of validity of work permits in accordance with the Ordinance on the Acquisition Ban on Exemption from the 17. September 1998 (BGBl. 2893), or on the basis of an intergovernmental agreement, shall remain unaffected. Non-official table of contents

§ 2 Work entitlement

(1) The work entitlement shall be different from § 286 (1) sentence 1 No. 1 of the Third Book Social code issued even if the foreigner
1.
with a German family member or as a life partner with a foreigner who is to be granted freedom of movement in accordance with the legislation of the European Communities or under the Agreement on the European Economic Area, lives in a family life-community and a person according to § 23 1.
2.
has a valid travel document issued by a German authority for refugees, has a valid travel document issued by a German authority. or
3.
has been taken over in accordance with § 33 of the Foreigners Act and has a residence permit.
(2) The spouse or life partner of a German or If the conditions for the renewal of the residence permit are fulfilled in accordance with Section 19 (1) (1) or (3) and (4) of the Foreigners Act (Ausländergesetz), the right to work in accordance with paragraph 1 is to be granted. The provisions of the first sentence shall apply if the married life community or the Community of life partnership persists.(3) A foreigner who has a residence permit or a residence permit shall be granted the right to work if he/she before the completion of the 18. Year of life in Germany, and here
1.
a school leaving school of a general school or a qualification obtained in a state-approved or comparable vocational training course,
2.
on a full-time vocational school year or in a non-school preparatory full-time measure of at least 10 months has participated regularly and with appropriate cooperation, or
3.
A training contract for vocational training in a state-approved or comparable vocational training occupation.
(4) A foreigner who has a residence permit or a residence permit is up to the completion of the training contract. 18. to grant entitlement to work if, in the last five years before the beginning of the period of validity of the right of employment, it has been legally resident in the territory of the country. Are at the completion of the 18. As long as the conditions of the first sentence are fulfilled, the right to a right to work shall continue to exist as long as the foreigner continues to stay legally in the country without interruption.(5) A foreigner who has been granted a residence permit on the basis of § 16 (1) or (2) of the Aliens Act shall be granted the right to work.(6) Due to periods of stay abroad up to a period of six months in each case, the time limits laid down in § 286 (1) sentence 1 (1) (b) of the Third Book of the Social Code and in accordance with paragraph 4 shall not be interrupted. Sentence 1 shall apply in the case of periods of stay abroad due to the performance of the compulsory military service if the foreigner reenters from the military service within three months of dismissal. Periods of time spent abroad in accordance with the first sentence up to the period of three months and periods of military service in accordance with the second sentence shall be counted up to a period of six months, according to the period of the period of stay abroad. Non-official table of contents

§ 3 Wait time

The issue of a work permit for first-time employment is granted to foreigners who are
1.
have a residency or a Duldung,
2.
as spouses, life partners, or children of an outlander have a temporary residence permit or residence permit,
depending on the fact that the Applicants immediately prior to the application for one year have been allowed or tolerated in the country (waiting time). The waiting period shall not apply to spouses, life partners and children of a foreign country who has an indefinite residence permit or a residence permit. Non-official table of contents

§ 4 Spatial scope and duration of work permit

(1) The work permit is valid for the district Agency for work that she has given. It can be extended or restricted regionally. The work permit shall be limited to the duration of employment, at the latest for three years.(2) The entitlement to work pursuant to § 2 (3) no. 3 shall be limited to the duration of the training. Non-official table of contents

§ 5 relationship to the status of residence

The work permit may differ from § 284 (5) of the third party Book Social Code also being granted to foreigners,
1.
which is the requirement of Residence permit is exempt if the exemption is not restricted to stays of up to three months or stays without receiving an employment subject to a permit,
2.
who have a residence permit (§ 55 of the Asylum Procedures Act) and are not obliged to reside in a reception facility (§ § § 47 to 50 of the German Asylum Procedure Act) asylum procedure law),
3.
whose stay in accordance with § 69 (3) of the Foreigners Act is deemed to be permitted,
4.
which are out-of-travel, as long as the expiring obligation is not enforceable or a suspended expiring obligation has not yet expired,
5.
who own a Duldung (§ 55 of the Aliens Act), unless these foreigners have gone to the home country to obtain benefits under the Asylum Seekers Benefits Act, or in the case of these foreigners, measures to be taken in residence for reasons of residence cannot be carried out (Section 1a of the Asylum Seekers Benefits Act), or
6.
whose deportation is suspended by a court order.
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§ 6 Reason for failure

(1) Work permit is to fail if
1.
the work relationship has been created due to unauthorized work placement or recruitment,
2.
working as a temporary agency worker (§ 1 para. 1 of the Workers Act on Employment).
(2) The work permit can be denied if
1.
the foreigner against § 404 para. 1 or para. 2 Nos. 1 or 3 to 13 of the Third Book of Social Code, In violation of § § 10, 10a or § 11 of the Schwarzarbeitskampfungsgesetz or against § § 15, 15a or 16 (1) no. 2 of the Employees ' Admission Act,
2.
The worker does not return an revocable or erratic work permit despite being prompted for work, or
3.
important reasons in the worker's person.
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§ 7 Revocation

(1) The work permit can be revoked if the foreigner is employed in less favourable working conditions than comparable German employees (§ 285 para. 1 sentence 1 no. 3 of the third book § 6 (1) or § 6 (2) (1) or (3) is fulfilled. The revocation shall be admissible only within one month from the date on which the Authority has become aware of the facts justifying the revocation and a hearing pursuant to Section 24 of the Tenth Book of the Social Code has taken place.(2) The work permit granted for a longer period of time than one year pursuant to § 4 (1) sentence 3 may be revoked at the end of the first or second year of its period of validity, irrespective of paragraph 1, on the grounds of the labour market situation. The revocation shall be admissible only if it has been reserved for the granting of a work permit and if the worker is to be granted no later than one month before the end of the first or second year of its period of validity.(3) If the work permit is revoked, it may be reclaimed by the Authority. unofficial table of contents

§ 8 Erdelete

(1) The work permit is extinguished if
1.
the foreigner does not meet any of the prerequisites specified in § 5,
2.
the foreigner will leave and his residence permit (§ 5 of the Aliens Act) will be issued as a result of the departure or during his/her stay abroad or
3.
the training contract is terminated prematurely in accordance with § 2 para. 3 no. 3.
(2) In the cases referred to in paragraph 1, point 1, the work permit shall not be deemed to have been obtained if during the course of the the conditions laid down in § 5 shall be met again.(3) In the cases referred to in paragraph 1 (2), the work permit shall not be deemed to have been obtained if
1.
of the Foreigners stay abroad on behalf of their payer, continuing their employment relationship or for the performance of military service abroad, or
2.
Foreign nationals staying abroad on the occasion of the birth of a child no longer than 12 months abroad
and the foreigner or the foreigner will be granted a residency permit. If the period of validity of a permit to work ends during the stay abroad in accordance with the first sentence, the foreigner shall be granted a permit to work after returning to the territory of the country which corresponds to the permit he had prior to leaving.(4) In the event that the work permit is issued, it may be reclaimed by the Authority. Unofficial table of contents

§ 9 Work permit-free employment

No work permit is required
1.
the persons listed in Section 5 (2) of the Works Constitution Act as well as senior executives to whom General consumerist or Prokura;
2.
senior staff of an international group or company for employment in the domestic Group or company steeply at the management level, management and management level, or for any other senior position, which is essential for the development of the Group or company, if the Employment in the framework of the exchange of staff for the internationalisation of the management circle, and the duration of employment in the country is not achieved for five years;
3.
the travelling personnel in international passenger and freight transport with employers based abroad if
a)
the vehicle is allowed in the host state of the employer, or
b)
The domestic vehicle is approved for an activity by the employees on regular service with buses;
4.
the crews of seagoing vessels, inland waterway vessels and aircraft other than the aircraft drivers, flight engineers and flight navigators for an activity with companies based in the Inland;
5.
Persons who are posted abroad by their employer, with their registered office abroad, while retaining their habitual residence abroad, in order to: style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
Installation and maintenance work or repairs to delivered, ready-to-use equipment, or To execute machines that serve commercial purposes
b)
orders assets, machines and other things to be removed or to be used in their operation. ,
c)
to complete an operating course as part of export delivery or license agreements,
d)
company-owned trade fair stands or trade fair stands for a foreign company located in the host state of the employer, building, dismantling and supervising or comparable To provide services which are not subject to benefits for a business partner in the country when the same rights are granted in the country in which the country is resident in the country concerned,
if the duration of the employment is does not exceed three months;
6.
Persons who, while retaining their habitual residence abroad, in lectures or performances of special scientific or artistic value or, in the case of performances, sporting character in the country, if the duration of the activity does not exceed three months;
7.
People who only occasionally perform with daily performances;
8.
Teachers, Scientific Employees and assistants to universities or scientific staff to public research institutions or to research institutions whose financial needs are exclusively or mainly borne by the public sector or to private research institutions, where the employment of the expo is also of public interest because of its specific professional knowledge, as well as teaching staff in public schools and state-recognised private Replacement schools;
9.
Students and pupils at universities and schools in the country for temporary employment, students and pupils of foreign universities, and Specialist schools for a holiday occupation within the framework of an international exchange programme of student or comparable institutions in agreement with the Central Agency for Employment Services of the Federal Employment Agency, as well as students and students. Pupils for a holiday employment provided by a service of the Federal Employment Agency, if the total employment does not exceed three months a year;
10.
People for an activity in a diplomatic or consular post or at an international organization, as well as private domestic workers of members of diplomatic and professional consular representations, if they do not require a residence permit for their stay in order to carry out this activity;
11.
Journalists, correspondents and rapporteurs, who are active in their home country for their employer, and who are recognized by the Press and Information Office of the Federal Government for the performance of this activity;
12.
Professional sportsmen and trainers whose use in domestic sports clubs or comparable sports facilities, as far as they participate in competitive sports, is provided for when the The competent sports association has confirmed their athletic qualifications or their professional qualifications as trainers and the club or the institution pays a salary sufficient for their livelihood;
13.
Persons who are involved in the NATO troop statute on the basis of Article 6 (1) of the Additional Agreement on the NATO Staff Regulations (BGBl. 1183, 1218) are exempt from the requirement of residence permits as members of a force, civil service or as members of a military force;
14.
Persons who are employed by an employer established in Germany as an employee in the commercial sector abroad, and who, while retaining their habitual residence abroad, are temporarily employed in the territory of the country in the course of their employment, if the Activity not exceeding three months;
15.
Students of foreign universities and universities of applied sciences for an internship of up to six months if the employment in a is directly related to the degree programme of the intern and within the framework of an international exchange programme of student or comparable institutions in agreement with the Central Office for Employment Services of the Federal Employment Agency is done;
16.
Foreigners, who are the 16. and not yet the 27. , to participate in a voluntary year within the meaning of the Law for the Promotion of a Voluntary Social Year, within the meaning of the Law on the Promotion of a Voluntary Ecological Year, or in the context of a comparable Programme of the European Community;
17.
Persons during a temporary traineeship as part of a programme funded by the European Union, if the employment is carried out in agreement with the Central Agency for Employment Services of the Federal Employment Agency.
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§ 10 Work permit replacement

The work permit is replaced by the registration certificates for guest workers who are in the framework of an exchange of guest workers agreed with other states for the purpose of Vocational and linguistic training issued by a service of the Federal Employment Agency. Non-official table of contents

§ 11 Jurisdiction

(1) The permit to work is to be applied for by the foreigner in writing to the Agency for Work, in the district of which the worker's place of employment is situated. The place of employment shall be the place where the seat of the establishment or establishment is located. In the case of employment with changing workplaces, the seat of the office responsible for the payroll shall be deemed to be the place of employment.(2) The application shall be submitted before the start of the employment or before the expiry of the period of validity of a work permit already granted.(3) In special cases, the working permit may be granted ex office.The Agency responsible for work referred to in paragraph 1 shall decide on the issue and revocation, withdrawal and cancellation of the work permit.(5) The Federal Employment Agency may, by way of derogation from paragraphs 1 and 4, transfer responsibility for the application, the granting and the revocation, the withdrawal and the cancellation to other departments. Non-official table of contents

§ 12 Form

(1) The work permit is to be issued to the employee in writing.(2) The work permit for frontier workers shall be marked as such.(3) The revocation, withdrawal and cancellation of the work permit shall be communicated to the employee in writing. Non-official table of contents

§ 12a Enlargement of the European Union

(1) The nationals of the Republic of Croatia are entitled to work. , provided that they have been admitted to the labour market for an uninterrupted period of at least 12 months in the Federal Republic of Germany. This does not apply to such nationals in accordance with the first sentence, who are posted to the Federal territory by an employer with a head office abroad.(2) If the nationals referred to in paragraph 1 have family members, they shall be entitled to work if they have a common place of residence in the Federal territory with the employee. Family members are the spouse, the life partner, as well as the relatives in the descending line, which is not yet the 21. have been completed or are subject to maintenance by the nationals referred to in paragraph 1.(3) A work authorization granted pursuant to paragraphs 1 and 2 shall be issued if the foreigner is to leave one of its nature for non-temporary reasons or if a granted residence permit-EC is cancelled or revoked.(4) (omitted) Unofficial table of contents

§ 12b professionals from the new EU Member States and their family members

(1) None Work permit-EU require skilled workers who have a higher education or equivalent qualification, to pursue a job corresponding to their professional qualifications, and to have their free-rights Family members.(2) The work permit-EU shall be granted to persons for occupations which require qualified vocational training and to members of the family who are entitled to freedom of movement without examination in accordance with the first sentence of Article 39 (2), first sentence, of the Residence Act. Non-official table of contents

§ 12c trainees from the new EU Member States

None of the working permits-EU require trainees to be granted a qualified in-company training in a state-approved or comparable vocational training occupation. Non-official table of contents

§ 12d Household aid

The work permit-EU can be a national in accordance with § 284 paragraph 1 of the third book Social Code of full-time employment subject to insurance for domestic work and necessary care for everyday care in households with persons in need of care in the sense of the Eleventh Book of the Social Code, if the persons concerned by agreement of the Federal Employment Agency with the employment services of the country of origin on the procedure, the selection and the mediation. Within the first year after the start of employment, the work permit-EU can be granted for the change of employer. Non-official table of contents

§ 12e seasonal employment

None of the work permits-EU require people to work in the country-and Forestry, in the hotel and catering sector, in the processing of fruit and vegetables as well as in sawmills of at least 30 hours per week, with an average of at least six hours working daily, up to a total of six months in the calendar year. The period for the employment of workers as set out in the first sentence shall be limited to eight months in the calendar year for an establishment. The second sentence shall not apply to fruit, vegetable, wine, hops and tobacco farms. Non-official table of contents

§ 12f Schaustellergehilfen

Schaustellergehilfen) For employment in the showroom industry, nationals may be subject to the provisions of Section 284 (1) of the Third Book of Social Code a work permit-EU for up to a total of nine months in the calendar year, if the persons concerned are responsible for work with the employment administration of the country of origin on the basis of an agreement by the Federal Employment Agency on the procedure, the selection and the conciliation procedure. Non-official table of contents

§ 12g Prefabricated house expensive equipment

The work permit-EU can be granted without examination in accordance with § 39 (2) sentence 1, point 1 of the Residence law shall be granted to persons who are posted to the national territory by a prefabricated house manufacturer established in a Member State pursuant to Section 284 (1) of the Third Book of the Social Code for up to a total of nine months in the calendar year, in order to: to set up and assemble finished and built-up buildings manufactured by their employer abroad, as well as finished and outbuilding halls. The first sentence shall also apply to the installation work required in connection with the installation. Non-official table of contents

§ 12h Work contracts

The work permit-EU can be used to work within the framework of the with the Republic of Bulgaria, with the The Republic of Romania and the Republic of Croatia are to be issued with works contract workers ' agreements to the extent that transitional arrangements for the freedom to provide services are to be applied in accordance with the provisions of the EU Accession Treaty. The Federal Ministry of Labour and Social Affairs can grant the work permit-EU through the Federal Employment Agency to employees of the construction industry in the context of work contracts in relation to the employed commercial persons of the Limit the number of companies resident in Germany. Care must be taken to ensure that small and medium-sized enterprises are also adequately taken into account in the national territory. Non-official table of contents

§ 13 EEC-Turkey Association Agreement

Favourable provisions of Decision No 1/80 of the EEC-Turkey Association Council (Official news of the Federal Office for Work No 1/1981, p. 2) on access by Turkish workers and their family members to the labour market is not affected. Non-official table of contents

§ 14 Transitional rules

(1) A work permit that is in the period of 1 January 2014. Until the date of entry into force of this Regulation, it shall remain valid until the expiry of the period of validity of this Regulation.(2) § § 7 and 8 shall apply to work permits which are based on the transitional arrangement according to § 432 of the Third Book of the Social Code from 1. 1 January 1998, or in the period from 1 January 1998. 1 January 1998 until the entry into force of this Regulation.(3) Aircraft guides, flight engineers and flight navigators at air carriers whose employment relationship is prior to 1. Air carriers and aircraft operators, flight engineers and flight navigators of other companies whose employment relationship is prior to 1 January 1973, as well as helicopter guides for air carriers and aircraft operators, flight engineers and flight navigators. By way of derogation from § 284 (1) sentence 1 of the Third Book of the Social Code in conjunction with Section 9 (4) of the Third Book, no permit for work shall be granted. Non-official table of contents

§ 15 Entry into force

This Regulation will enter into force on the day after the announcement.