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Contract-for-Work Employee

GermanyWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

This route is for employees posted to Germany by an employer seated abroad to install, assemble, maintain or repair ordered commercial EDP machines, equipment and programmes, or instruct others in their operation; to accept acquired machines, equipment and other items or be instructed in their operation; to dismantle used equipment acquired for reinstallation in the employer's country; to install, dismantle and attend the company's own trade fair stands or those of a foreign company from the employer's country; or to complete in-house training under export and licence agreements.

See recorded sources
  • Section 19 (1)
    No approval is required for the issuance of a residence title to persons who are posted to Germany by their employer seated abroad for up to 90 days within a period of twelve months in order to 1.  install and assemble, maintain or repair machines, equipment and programmes for electronic data processing which serve commercial purposes and which have been ordered from the employer, or to instruct other persons in the operation of these machines, equipment and programmes, 2.  accept machines, equipment and other items acquired or to be instructed in their operation, 3.  dismantle used equipment acquired for the purpose of reinstalling such in the employer's country of registration, 4.  install, dismantle and attend to the company's own trade fair stands or trade fair stands for a foreign company established in the country in which the employer has its seat, or 5.  complete an in-house training course in the context of export and licence agreements.

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

The employee is posted to Germany by an employer seated abroad. For installation, maintenance or repair of ordered EDP machines and for dismantling used equipment (Section 19(1) sentence 1 nos. 1 and 3), the exemption from approval requires the employer to notify the Federal Employment Agency before the employment begins. The official source does not state whether a job offer or sponsor in Germany is needed.

See recorded sources
Limits of the record
  • The basic employer relationship (posting by an employer seated abroad) is in s.19(1) sentence 1, which is already cited by this via's R1 answer and is not re-cited here.
  • The source does not say whether a German job offer or sponsor is needed.
  • https://www.gesetze-im-internet.de/englisch_beschv/englisch_beschv.html
    In the cases of sentence 1 no. 1 and 3, exemption from approval is subject to the employer notifying the Federal Employment Agency of such employment before it commences.
  • Section 19 (1)
    No approval is required for the issuance of a residence title to persons who are posted to Germany by their employer seated abroad for up to 90 days within a period of twelve months in order to 1.  install and assemble, maintain or repair machines, equipment and programmes for electronic data processing which serve commercial purposes and which have been ordered from the employer, or to instruct other persons in the operation of these machines, equipment and programmes, 2.  accept machines, equipment and other items acquired or to be instructed in their operation, 3.  dismantle used equipment acquired for the purpose of reinstalling such in the employer's country of registration, 4.  install, dismantle and attend to the company's own trade fair stands or trade fair stands for a foreign company established in the country in which the employer has its seat, or 5.  complete an in-house training course in the context of export and licence agreements.

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The checked official sources did not provide enough route-specific evidence to confirm the decisive professional requirements of this route.

See recorded sources
Limits of the record
  • Searched BeschV s.19 for professional characteristics (qualification, experience, salary, skill level, labour-market test); s.19 states only activities and posting conditions, already cited under R1/R4/R5. No qualification or salary requirement found.

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

The permission allows the specific contract-for-work activities listed in Section 19 (1) for up to 90 days within a period of twelve months. The holder is tied to the employer seated abroad that posted them. Family accompaniment is not addressed in the official source.

See recorded sources
Limits of the record
  • Family accompaniment is not mentioned in the supplied document.
  • Section 19 (1)
    No approval is required for the issuance of a residence title to persons who are posted to Germany by their employer seated abroad for up to 90 days within a period of twelve months in order to 1.  install and assemble, maintain or repair machines, equipment and programmes for electronic data processing which serve commercial purposes and which have been ordered from the employer, or to instruct other persons in the operation of these machines, equipment and programmes, 2.  accept machines, equipment and other items acquired or to be instructed in their operation, 3.  dismantle used equipment acquired for the purpose of reinstalling such in the employer's country of registration, 4.  install, dismantle and attend to the company's own trade fair stands or trade fair stands for a foreign company established in the country in which the employer has its seat, or 5.  complete an in-house training course in the context of export and licence agreements.

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

The permission is normally granted for up to 90 days within a period of twelve months for the activities listed in Section 19 (1). For postings of more than 90 days and up to three years, approval may be granted for the activities listed in Section 19 (2). No renewal or longer-term residence direction is stated in the official source.

See recorded sources
Limits of the record
  • Renewal is not addressed.
  • No longer-term residence direction is stated.
  • Section 19 (1)
    No approval is required for the issuance of a residence title to persons who are posted to Germany by their employer seated abroad for up to 90 days within a period of twelve months
  • Section 19 (2)
    Approval may be granted for persons who are posted to Germany for more than 90 days and up to a period of three years by their employer seated abroad

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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