Types of work permitsRegulation according to status of individuals
In order to be able to work legally in Germany aliens require, apart from a residence approval, a work permit, and there are two types; the general, and the special work permit.
Asylum seekers and de facto refugees may obtain a general work permit if they have entered Germany before 15.05.1997. It is however subjugated to the employment situation of the moment and limited to one year, and to one particular professional activity in one specific place. A prolongation is possible. Presently a complete ban on employment exists for asylum seekers and de facto refugees who have entered Germany after 15.05.1997.
People eligible for a special work permit (independent of the labour market situation, without a time limit and without regional or professional restrictions) include;
In order to cover demand for labour, especially in particular industries, rotation-schemes have been developed which offer foreign labourers work in specific industries but at the same time prevent permanent migration.
Asylum seekers are not allowed to work during the time they are still resident at the initial registration offices (usually the first three months). Asylum seekers who entered before 15.05.97 may apply for a work permit. The issuance of a work permit must be reported to the nearest employment office (Arbeitsamt). The placement of a person in employment occurs in the following order of predisposition.
Even if the asylum seeker has found employment him/herself, the employment centre will examine if another unemployed person has priority for this job (see above). After one year the job must be advertised once again (for six weeks) to see if anyone else has priority. The chances for asylum seekers of finding a job are presently so small that this ruling virtually represents an employment ban.
An employment ban of unlimited duration exists for asylum seekers who entered Germany after 15.05.1997. This may at some time be altered to a temporary ban of one to two years duration.
Foreign firms working together with German firms are allowed within a specified scope to have certain operations carried out by foreign workers. One condition is, at least theoretically, payment according to the latest industrial agreements. As of 01.01.1998 works contract labourers may only be employed for five months of the year.
Agreements exist with a number of eastern European governments in which specified contingents of workers are stipulated for various industrial branches. In regions and industries in which unemployment or part-time work is above the norm the 'work protection clause' is applied. The employment of works contract-labourers is then forbidden. Also, works contracts will be forbidden in areas of one or the other employment office in which the level of unemployment in the last six months is on average 30% above the average for the whole of the FRG.
Work permits are bound to one particular workplace and one particular employer. Dismissal results in the loss of employment status and residence status.
works contract-labourers are mainly employed in the construction industry.
Since 1998 seasonal workers living abroad may pursue an employment in Germany for a maximum of three months per year. This regulation is only then applicable if Germans or employees of an equivalent labour status are unavailable. Seasonal workers are to be engaged at the same wage levels and employment conditions as their German counterparts... at least theoretically; even the Federal Employment Office has stated that this is in itself quite difficult to regulate in practice.
Seasonal workers are mainly employed in agriculture and in the catering trade. The construction industry is excluded from those opportunities open to seasonal workers.
It is not the Gastarbeiter who came to the FRG in the sixties and seventies being referred to under this heading, but foreign, qualified personnel who are able to broaden their professional knowledge and skills as well as their language facilities. The total number of these foreign workers is also regulated by a fixed quota.
The length of stay of contract labourers is regulated by international rights agreements which were made between collective combines and firms of the GDR (East Germany) and aliens. Their right of stay in the BRD is dependent upon proof of employment.
Agreements exist with non EU states concerning the employment of frontier workers. work permits are available for employees of certain specific border regions of these states, dependent on the labour market situation, and only if they return daily across the border, or work for no more than two days per week for the same working conditions as German workers.
Apart from works contracts and seasonal workers there are hardly any other legal employment opportunities in the BRD for non EU workers. Companies employ 'illegal' workers and exploit their dependence and lack of rights. By such methods sometimes as little as 3 German marks per hour is paid. It also sometimes happens that these wage 'agreements' are only partially met or that the wages are not paid at all. In such cases there is then no legal possibility for 'illegal' workers of realising their wage demands.
© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/