New information requirements for employers when hiring staff from abroad

Since 1 January 2026, the new sections 45b and 45c of the German Residence Act (Aufenthaltsgesetz ‒ AufenthG) have imposed additional duties on employers who recruit skilled workers from foreign countries outside the EU and the EEA, so called “Third Countries”. At the same time, the range of advisory and support services available to foreign nationals has been significantly expanded.

Background: protection and support for foreign nationals

Employers were already required under section 33 of the German Posted Workers Act (Arbeitnehmer-Entsendegesetz ‒ AEntG) to inform EU citizens recruited from abroad about advisory services on employment and social security law matters no later than their first day of work. The newly introduced section 45c of the German Residence Act extends this level of protection to Third Country nationals.

At the same time, section 45b of the Residence Act establishes the basis for a nationwide, free advisory service for Third Country nationals on employment and social security law issues, as well as additional pre-integration measures abroad. The underlying idea is that anyone wishing to work in Germany should be aware of their rights ‒ ideally before, or at the latest at the start of, their employment.

Advisory services provided under section 45b of the Residence Act:

Nationwide, free advisory service “Fair Integration”

Under the first sentence of section 45b(1) of the German Residence Act, a nationwide, free and easily accessible advisory service on labour and social security law issues has been available to Third Country nationals since 1 January 2026. This service is aimed at Third Country nationals,

• who are already residing in Germany or
• who are still habitually resident abroad but would like to work in Germany,

and deals in particular with questions regarding

• employment contracts and working conditions,
• pay, working hours and holiday,
• termination and warnings,
• social security matters.

In practice, this advice is provided through the “Fair Integration” network, which is funded by the Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales ‒ BMAS). A list of advice centres can be found on the “Fair Integration” website.

Pre-integration measures abroad

Furthermore, the third and fourth sentences of section 45b(1) of the German Residence Act provide for the possibility of offering pre-integration measures in selected Third Countries. These include, but are not limited to:

• advice on taking up employment in Germany,
• language training,
• providing information about life in Germany,
• transnational support prior to entry.

These schemes are aimed at Third Country nationals who are still habitually resident abroad and wish to take up employment in Germany. The Federal Government Commissioner for Migration, Refugees and Integration is responsible for devising these measures. However, it remains unclear at present in which Third Countries such measures will be offered and which (potentially foreign) bodies will be entrusted with their implementation.  

“Make it in Germany” – expanding information and support services

Section 45b of the German Residence Act also provides for the continuation and expansion of the “Make it in Germany” portal, which already offers targeted information for both employers and foreign nationals on the demand for skilled workers and the immigration process.

The new employer duty to provide information under section 45c of the Residence Act

To ensure that the newly established, comprehensive advisory services are actually used by the Third Country nationals they are intended for, section 45c of the German Residence Act introduces a separate, new duty to provide information for employers based in Germany.  

Employers must inform Third Country nationals in writing or electronically (“Textform”), no later than on the first day of work, of the availability of free information and advice on matters relating to labour and social security law (section 45b of the Residence Act), providing the contact details of the advice centre nearest to their place of work. The decisive factor here is the place of work, not the employee’s (potentially foreign) place of residence.

Although the law considers notification on the first day of work in Germany to be sufficient, it is advisable, for reasons of legal certainty, to provide this information at the time the contract is entered into.

The notification must be made in writing or electronically (section 126b of the German Civil Code (Bürgerliches Gesetzbuch ‒ BGB). The following methods of notification are therefore permitted, for example:

• e-mail,
• onboarding platform or
• Federal Ministry of Labour and Social Affairs information sheet (available at: Duty of information for employers under section 45c of the Residence Act (Fair Integration)).

There is no requirement for the notification to be signed by hand.

The duty to provide information applies to employers who

• have their registered office in Germany and
• enter into an employment contract aimed at work in Germany
• with a Third Country national whose place of residence or habitual residence is still abroad at the time the employment contract is entered into.

As a rule, it does not apply to the entry into a pure posting contract, where the employee remains employed by the foreign employer and is only temporarily posted to Germany.

Exception: cross-border placement under section 299 of the 3rd Book of the German Social Security Code (Sozialgesetzbuch ‒ SGB III)

Under sentence 3 of section 45c of the German Residence Act, the duty to provide information does not apply in the case of a cross-border placement within the meaning of section 299 of the 3rd Book of the German Social Security Code. In such cases, the intermediary is already subject to a duty to provide information under section 299(10) of the 3rd Book of the German Social Security Code:

• before entry into the employment contract,
• in writing with an original signature,
• in the jobseeker’s language,
• including a reference to advisory services (at least to the advice centres under section 31 of the German Posted Workers Act).

If such a placement has taken place, the employer is released from their duty to provide information under section 45c of the German Residence Act. In practice, therefore, it should be documented that cross-border placement within the meaning of section 299 of the 3rd Book of the Social Security Code has taken place.

Practical implications for employers

Even if breaches of section 45c of the German Residence Act are currently not expressly subject to fines or criminal penalties, the provision nonetheless establishes a clear statutory duty to act. Companies should integrate this duty into their HR and recruitment processes.

Process design: When and how should information be provided?

It is advisable to establish a standardised procedure:

1. Identification of cases in which section 45c of the Residence Act applies:

• Third Country national,
• residence or habitual residence abroad at the time the contract is entered into,
• employment contract for work in Germany.

2. Allocation of the relevant advice centre:

• based on the employee’s place of work,
• where there are multiple locations: creation of an internal allocation list.

3. Providing the information:

• standardised information sheet (Federal Ministry of Labour and Social Affairs template) as an appendix to the employment contract or as part of the onboarding package,
• in writing or electronically (for example by email together with the contract documents).

4. Securing evidence:

• retention of the document sent (e-mail, PDF, etc.),
• optional: confirmation of receipt by the employee (e.g. a signature on the information sheet or confirmation in the onboarding system).

Checking the content: are the contact details up to date?

As section 45c of the German Residence Act expressly refers to the “current contact details” of the advice centre, employers should regularly (e.g. once a year or whenever they become aware of changes) check whether the addresses, telephone numbers or websites of the advice centres named have changed and, where necessary, update the standard information sheets with the valid data.

Distinction: posting and cross-border placement

Companies should make a clear distinction in their internal processes:

• Permanent local employment in Germany: duty to provide information under section 45c of the Residence Act, provided that the employee is a Third Country national and is living abroad at the time the contract is entered into.
• Pure posting (employee remains employed by the foreign employer and the work is performed only temporarily in Germany): as a rule, no duty under section 45c of the Residence Act, although duties under the Posted Workers Act, Minimum Wage Act, etc. may still apply.
• Cross-border placement under section 299 of the 3rd Book of the Social Security Code: the duty to provide information lies with the intermediary; however, it is still advisable for the employer to document that such a placement has taken place.

Consequences and outlook

At present, a breach of section 45c of the German Residence Act is not expressly punishable by a fine or criminal penalty. Nonetheless, in view of the clear statutory requirements, it can be expected that compliance with the duty to provide information will become increasingly important for German employers. Companies should therefore already establish standardised internal processes to ensure compliance with the duty to provide information.