Employment Ordinance

Basic data
Title:	Ordinance on the employment of foreign nationals
Short title:	Employment Ordinance
Abbreviation:	Employment Ordinance
Type:	Federal Ordinance
Scope:	Federal Republic of Germany
Issued on the basis of:	Section 42 (2) Residence Act , ; Section 61 (2) AsylG , ; Section 288 SGB III
Legal matter:	Immigration law
References :	26-12-7
Issued on:	June 6, 2013 ; ( Federal Law Gazette I p. 1499 )
Entry into force on:	July, 1st 2013
Last change by:	Art. 2 VO of March 23, 2020 ; ( Federal Law Gazette I pp. 655, 657 )
Effective date of the ; last change:	October 1, 2021 ; (Art. 6 of March 23, 2020)
	Please note the note on the applicable legal version.

The Employment Ordinance ( BeschV ) regulates the conditions under which foreign employees and foreigners already living in Germany can be admitted to the German labor market.

history

The ordinance was promulgated as Art. 1 of the ordinance amending the employment law for foreigners and, with effect from 1 July 2013, replaced the employment ordinance of the same name of 22 November 2004 and the employment procedure ordinance of the same day.

Up until this point in time, the employment of foreigners was regulated in two separate ordinances; their respective application depended on whether the foreigner was still abroad (then employment ordinance) or already in Germany (then employment procedure ordinance). This division, which was unsuccessful from the start, was ended by the new employment ordinance, which now regulates both issues.

scope of application

The ordinance only applies to those foreigners who require a residence permit in Germany and who must also be separately permitted to take up employment .

EU citizens and citizens of another EEA state ( Iceland , Liechtenstein and Norway ) or citizens of Switzerland and their close family members living with them are not affected by the regulation , even if they are third-country nationals . This group of people already has a right of residence under European law (freedom of movement under Article 21 of the Treaty on the Functioning of the European Union (TFEU), freedom of movement for workers under Article 45 TFEU) and the right to be self-employed or gainfully employed. You do not need a residence permit or a work permit . This group of people received a certificate of freedom of movement until January 28, 2013 and has not received a residence document at all since then. Your family members who are not citizens of an EEA country will receive a declaratory residence card . Citizens of Switzerland and their family members receive a residence permit with the special entry Residence permit-CH . In all of these cases, gainful employment is permitted without restriction.

structure

The regulation is divided into nine parts:

The first part ( § 1 ) contains general provisions on the forms of participation by the Federal Employment Agency in proceedings before the immigration authorities ,
the second ( §§ 2 to 9 ) regulates the immigration of skilled workers (highly qualified people, managers , scientists , academics ),
The third ( §§ 10 to 15 c ) regulates short-term employment (international staff exchanges, language teachers, au pairs , domestic workers , interns , seasonal workers , showman assistants and domestic help ),

the fourth ( Sections 16 to 21 ) relates to employees posted from abroad (business travelers, those working in-house for further training in Germany, journalists , persons who fulfill contracts for work and services , and drivers in international road and rail transport and service providers based abroad),

the fifth ( §§ 22 to 28 ) deals with certain professional groups such as artists , actors , professional athletes , photo models , dress men , tour guides and interpreters , crew personnel in shipping and air transport and special groups of people (nationals of Andorra , Australia , Israel , Japan , Canada , the Republic of Korea , Monaco , New Zealand , San Marino and the United States of America as well as [temporarily until 2020] also for citizens of Albania , Bosnia and Herzegovina , Kosovo , Macedonia , Montenegro and Serbia ), cross-border commuters and German nationals ,

The sixth ( Sections 29 and 30 ) contains supplementary provisions on international contract workers' agreements and intergovernmental agreements as well as short-term jobs that are not considered employment,

The seventh ( Sections 31 to 33 ) regulates the employment of persons who have a residence permit for humanitarian reasons or who are tolerated or who are asylum seekers ,

the eighth ( §§ 34 to 37 ) provides rules on the procedure and

The ninth part ( §§ 38 and 39 ) deals with the recruitment and placement of jobs in health and care professions from 57 named states , which is reserved for the Federal Employment Agency .

literature

Wolfgang Breidenbach and Kathleen Neundorf: Labor market access rights of third-country nationals taking into account changes in legislation and case law. In: ZAR 2014, pp. 227–236
Bertold Huber : New regulations on labor market access for third-country nationals - The (new) employment regulation. In: Neue Zeitschrift für Arbeitsrecht 2014, pp. 820–826
Offer / Mävers: Employment Ordinance (BeschV) Commentary, CH Beck 2016, ISBN 978 3 406 67 160 9

Web links

Text of the employment regulation
Official justification of the original version of the BeschV, BR-Drs. 182/13 , (PDF; 431 kB) from March 1, 2013, accessed on February 6, 2015.

Individual evidence

↑ Full name: Ordinance on the admission of newcomers to foreigners to exercise an occupation (Employment Ordinance - BeschV) of November 22, 2004 ( BGBl. 2004 I p. 2937 ).
↑ BGBl. 2004 I p. 2934 .
↑ Consolidated version of the Treaty on the Functioning of the European Union , accessed on February 5, 2015 .

[1] Full name: Ordinance on the admission of newcomers to foreigners to exercise an occupation (Employment Ordinance - BeschV) of November 22, 2004 ( BGBl. 2004 I p. 2937 ).

[2] BGBl. 2004 I p. 2934 .

[3] Consolidated version of the Treaty on the Functioning of the European Union , accessed on February 5, 2015 .