Professional drivers from non-EU countries: opportunities and risks under section 24a of the German Employment Regulation

How companies can address the shortage of skilled drivers in freight and passenger transport through targeted international recruitment

The shortage of professional drivers in Germany has reached a critical level. In both freight transport and local public transport, the Federal Employment Agency has classified the relevant occupational categories as occupations affected by skills shortages. Demographic trends aggravate the situation, while the profession continues to suffer from a poor image and demanding working conditions. For many freight and bus companies, recruitment within Germany and the EU is no longer sufficient.

A key legal instrument to address this issue is the immigration of skilled workers from non-EU countries. This is where section 24a of the Employment Regulation (Beschäftigungsverordnung ‒ BeschV) (the “Regulation”) comes into play: the provision allows the lawful employment and qualification of non-EU nationals as professional drivers in Germany – but it also presents considerable organisational and legal challenges.

I. What does section 24a of the Regulation regulate?

Section 24a of the Regulation, together with Section 19c(1) of the Residence Act (Aufenthaltsgesetz ‒ AufenthG), forms the legal basis for employing non-EU nationals as professional drivers in freight and passenger transport. Two scenarios are distinguished:

1. Direct employment (subsection 1):

Direct employment requires that the applicant already possesses all necessary qualifications (in particular, a valid driving licence and professional driver qualification) or that these can be recognised without difficulty.

2. Employment with a qualification phase (subsection 2):

In practice, the provision in subsection 2 is generally more relevant. It allows drivers from non-EU countries to undergo targeted qualification in Germany before taking up employment as professional drivers. The main conditions are:

• Obligation to participate in qualification measures. The employment contract must expressly oblige the non-EU national to participate in all qualification measures required to work as a professional driver, such as obtaining a category C/CE or D/DE driving licence, completing the (accelerated) basic qualification and acquiring language skills.
• Working conditions must enable qualification within 15 months. The employment conditions must be structured so that all required qualification measures can be completed within 15 months. This includes realistic scheduling of working hours, leave for driving lessons and examinations, and effective planning of training activities. This timeframe is not merely indicative but crucial for administrative approval.
• Specific job offer with the same employer after successful qualification.
• Evidence of a relevant driving licence from the country of origin.

Residence permits under subsection 2 are initially granted for up to 15 months and may be extended by up to 6 months in justified cases. Altogether, a maximum period of 21 months is available to complete the qualification.

II. Opportunities for companies and industry

When properly implemented, section 24a of the Regulation provides an effective means of addressing the shortage of skilled workers:

• Expanded applicant pool through recruitment in non-EU countries.
• Qualification according to German standards, including safety and legal requirements.
• Predictable recruitment and integration processes thanks to a clear legal framework.
• More stable logistics and public transport services through an increased number of qualified drivers.

However, professional execution of the legal and organisational requirements is essential.

III. Common mistakes – and how to avoid them

1. Insufficient planning

A common mistake is underestimating the duration and complexity of the qualification phase. Converting a driving licence, attending driving school and passing theoretical and practical exams all require time and resources. Without a detailed timetable, companies risk exceeding the 15-month deadline.

Insufficient language skills also hamper the qualification process: theoretical tests, safety training, dangerous goods regulations and company instructions all require at least a basic level of German. Neglecting language training can result in failed exams or safety issues.

Recommendations:

• Draw up a realistic qualification plan before signing the employment contract and contact certified training institutions under the Professional Driver Qualification Act (Berufskraftfahrerqualifikationsgesetz – BKrFQG) at an early stage.
• Factor in waiting times at driving schools, testing centres, and authorities; include buffers for exam retakes.
• Document the plan so that it can be presented to the immigration authority or the Federal Employment Agency if required.
• Integrate language learning firmly into the plan ‒ ideally starting before arrival in Germany (e.g. with online courses) and intensifying after arrival.

2. Unclear or incomplete employment contracts

Section 24a of the Regulation requires employment contracts to explicitly set out certain provisions: the obligation to participate in qualification measures, the prospects for employment after completion and working time arrangements. In practice, these elements are often missing or formulated too vaguely, leading to delays or refusals of official approval.

Recommendations:

• Draft clear contractual clauses on qualification measures, release from work for training and examinations, and transparent pay arrangements during and after the qualification phase. A bilingual version (German and the employee’s native language) can help to avoid misunderstandings.
• Have the draft contract legally reviewed before submission. Subsequent amendments to contractual clauses can easily result in delays and additional costs.

3. Poor coordination with authorities and neglect of employment and social insurance duties

Immigration procedures are complex. Incomplete documentation, delays in submitting evidence or inadequate communication with the immigration authority often create disruption and uncertainty. At the same time, some employers focus too heavily on residence and driving licence issues and neglect core obligations under German employment law, such as registering for social insurance purposes, payroll, minimum wage compliance and working time regulations.

Recommendations:

• Early contact with the competent immigration authority and the Federal Employment Agency is advisable.
• If there is any uncertainty, specialist legal advice should be sought at an early stage.
• New employees must be registered with the social insurance bodies and the tax office in good time.
• Compliance with sectoral minimum wages and, where applicable, collective agreements must be ensured.
• Working hours, rest periods and driving times must be documented in accordance with the law.

4. Lack of integration and onboarding processes

Even if residence status, qualifications and the employment contract are in order, the project can still fail if new employees feel left on their own. Everyday uncertainties, cultural differences and a lack of support can lead to frustration and high staff turnover.

Recommendations:

• Structured onboarding processes (induction days, workplace tours, designated contact persons) make it easier for new staff to settle in.
• Appointing mentors or “buddies” – ideally colleagues with a similar background or language skills – has proven effective.
• Support with finding accommodation, registration, opening a bank account, taking out health insurance and dealing with public authorities makes a significant contribution to successful integration.
• In addition, a working environment should be fostered that actively includes and supports international teams.

Conclusion

Section 24a of the Regulation is a key instrument for tackling the shortage of skilled professional drivers. It opens up access to qualified drivers from non-EU countries and provides a clear framework for their qualification and subsequent employment. Whether this potential is realised depends largely on implementation within the company: realistic planning, clear contracts, coordinated communication with the authorities, language and integration processes, and strict compliance with employment and social insurance regulations are decisive for success or failure.

Our team of experts is available to assist you with any queries regarding the recruitment and employment of professional drivers from non-EU countries.