Employment contract for foreign skilled workers - what needs to be included?

If you as an employer want to hire a foreign specialist, a legally secure employment contract is essential. In principle, the same legal requirements apply as for domestic employees - but there are a few points that you should pay particular attention to:

1. General contents of the contract

An employment contract for foreign skilled workers must contain all essential content in accordance with Section 2 of the Evidence Act, including

• Name and address of both contracting parties
• Start and, if applicable, time limit of the employment relationship
• Place(s) of work
• Job description
• Working hours and break regulations
• Remuneration including supplements, bonuses etc.
• Vacation days
• Notice periods
• References to applicable collective agreements or works agreements (if applicable)

2. Reference to residence status

The contract should contain a clause stating that employment is only possible with a valid residence and work permit. Example:
"The commencement of work is subject to the issue or continued existence of a valid residence and work permit."

3. Language regulation

Even if the employment contract is written in German, a translation into the specialist's native language may be useful. Important: Only the German version should be legally binding - this must be clearly stipulated in the contract.

4. Support with visits to the authorities

A reference to support with visa or authority issues is not a must, but a plus point in the recruiting process. If you offer help, you can record this in a contract.

5. Additional agreements

Depending on the sector or country of origin of the skilled worker, the following points may also be relevant:

• Assumption of costs for relocation or travel
• Integration support (e.g. language course, finding accommodation)
• Repayment agreements in the event of premature termination (e.g. for assumed course costs - check the legal situation carefully!)