Skilled worker immigration – New information requirements for employers since 1 January 2026

New legal requirements for employers have been in force in Germany since 1 January 2026. Companies are now obliged to inform newly hired employees from non-EU countries about free and independent legal advice services.   

Against the background of the Act on the FurtherDevelopment of Skilled Worker Immigration, Section 45c of the Residence Act (AufenthG) was newly introduced. This new regulation expressly obliges employers to inform third-country nationals about free advice centres on labour and social law at the start of their employment.

The new regulation supplements the reform package that was already launched at the end of 2023. The aim is to better protect foreign skilled workers from exploitation and to ensure fair competition on the German labour market. For companies, this means that onboarding processes, internal procedures and contract templates in particular will have to be adapted.  

Which employers are affected?  

The obligation to provide information applies to all employers based in Germany who conclude an employment contract with a person from a non-EU country.  

The prerequisite is that the employee's habitual residence was outside Germany at the time of recruitment and that the employment is to be taken up in Germany.  

The following situations are exempted:  

• Employees who started work before 1 January 2026 
• Persons whose usual place of residence or domicile was already in Germany 
• Recruitments made through an employment agency in accordance with Section 299 No. 10 of the German Social Code (SGB III)  

Content of the information obligation 

Employers must inform their new employees about the ‘Fair Integration’ advisory service sponsored by the Federal Ministry of Labour and Social Affairs (BMAS). These agencies offer free, independent and neutral legal advice on labour and social law issues. 
 

Overview of key requirements   

• Timing:  
  The information must be provided to the employee no later than their first day of work.  
• Form:  
  The notification must be in writing. Acceptable forms include:  
  • an email  
  • a separate information sheet  
  • a corresponding provision in the employment contract  
• Content:  
  The notice must include information about the possibility of free counselling and the contact details of the relevant ‘Fair Integration’ counselling centre. As these vary from region to region, it is advisable to refer to the official portal www.faire-integration.de. 
   

Recommendation: 

Employers are advised to draw up a standard information letter that fully reflects the legal requirements. In this way, it can be proven at any time in the event of a possible official inspection that the information obligation has been duly fulfilled. 

If you have any questions on this subject, please do not hesitate to contact our colleagues from the Employment Law and Business Immigration Service departments.