As a representative of a company in a third country, you must notify us if you assign employees to duties in Germany (technical term: "notify") in one of the following cases applies:
Case 1: installation of plant, machinery or software
Your company employees must install, maintain, repair or instruct other persons in the use of your product (plant, systems, machinery or software) in Germany on the based on a contract for work and services.
Case 2: disassembly of used plant
Your company wants to use your employees to decommission and disassemble used plant or machinery in Germany and reassemble the plant or machinery in the country of origin.
Tipp:Important note: third countries are all countries apart from European Union (EU) Member States, Iceland, Norway, Liechtenstein and Switzerland.
You are not required to notify us of a work assignment if the employees…
- Are accepting machinery, plant and other products, or are being instructed in the operation of such
- Are assembling, disassembling and supervising your company’s exhibition stands
- Are assembling and disassembling exhibition stands for a company from the country in which your company also has its registered office, or
- Are pursuing a company training course within the framework of export supply and licence agreements.
Requirements
The following must apply to enable us to authorise the work assignment:
- positiv:The place (or places) of assignment is/are located in Germany.
- positiv:The product manufactured, sold and supplied is machinery, plant or software.
- positiv:The company assigning the employee has manufactured the product in the country of origin and is supplying it from there.
- positiv:We have all the documents, completed in full, that are necessary for the inspection of such.
Period of assignment
Each employee may work in Germany for a maximum of 90 days within a period of 12 months.
Registration procedure
1. Notification of work assignment
Notify us of the work assignment of at least 10 days before the employees start their work assignment (technical term: notification of employment). Authorised representatives (e.g. relocator or a law firm) or the company in Germany that purchased the machine, plant or software can also register the work assignment. You can submit the documents required for the notification via our upload service. Note: the upload service page contains information on which documents you require on the upload service page.
2. Examination and, where necessary, confirmation
The Stuttgart Employment Agency will confirm receipt of your documents in writing and then examine them. The examination generally takes 3-5 working days. The Stuttgart Employment Agency will then inform you in writing of the result of the examination and, if applicable, confirm your notification.
3. If applicable: submission to the diplomatic mission or consular post abroad
Depending on their nationality, employees may require a visa to enter Germany. In this case, submit the confirmed notification to the German diplomatic mission abroad. If the employees are permitted to enter without a visa, the confirmed notification serves as proof where required for official inspections.
The legal basis for the notification and approval of the employment of a foreign national of up to 90 days within the framework of work supply contracts is section 19 paragraph 1 number 1 and number 3 and section 30 number 2 of the Employment Ordinance (BeschV).