The new obligation is regulated in Section 45c of the Residence Act. Although this provision is primarily aimed at employers, it is particularly important for foreign employees. This is because it specifies what information employees must receive and what support services they are entitled to.
Who is affected by the new regulation?
The new law primarily affects many skilled workers who come to Germany under the Skilled Immigration Act. However, it also applies to other third-country nationals if they were recruited directly from abroad for employment in Germany.
Specifically, the regulation applies if the following conditions are met:
- The employer is based in Germany.
- An employment contract was concluded for employment in Germany.
- The employee was still living abroad at the time the contract was concluded.
The decisive factor here is that the person in question does not hold citizenship of an EU or EEA country or Switzerland.
It does not matter whether the employment is subject to social security contributions or exempt from social security contributions. Special cases are also covered—for example, if there is an exemption from social security contributions due to an international agreement. According to the Federal Ministry of Labor, trainees are also to be covered by the new information requirement.
However, this does not apply to persons who signed their employment contract before January 1, 2026, or who were already residing in Germany at the time the contract was signed.
Section 16d of the Residence Act is a crucial part of the German Residence Act that enables foreign skilled workers to have their professional qualifications recognized in Germany. This paragraph creates the legal basis for the granting of a residence permit for specific...
Background: What is the Skilled Immigration Act?
The Skilled Immigration Act (FEG) is a German law designed to facilitate the immigration of qualified workers from non-EU countries. It is aimed at people who want to work or train in Germany and is intended to help reduce the shortage of skilled workers in many industries.
A key advantage of the FEG is that access to the German labor market has become significantly more open. Qualified individuals are no longer required to work in a shortage occupation in order to obtain a Residence permit .
The most important factors are a recognized professional or academic qualification and a concrete job offer or, in certain cases, the opportunity to come to Germany to look for work.
The law allows Residence permit for Residence permit others, skilled workers with vocational training, university graduates, young professionals, and people who initially enter Germany to have their qualifications recognized or to look for work. Models such as the opportunity card are also included.
What information must employers disclose from now on?
Under the new law, employers are required to inform their newly recruited employees from third countries about a free advisory service no later than on their first day of work. This can be done, for example, by email, letter, or as an attachment to the employment contract.
In certain cases,the employer maybe exempt from theobligation to provide information. This is usually the case if an authorized agent is already legally obliged to inform the employee about relevant advisory services.
The notice must contain:
- that free information or advice can be obtained,
- that this counseling is provided through the nationwide "Fair Integration" program,
- as well as the current contact details of the counseling center closest to the workplace.
The information must be clear, understandable, and complete.
The new Residence permit § 16g AufenthG (the residence permit for vocational training for foreigners obliged to leave the country) opens up new opportunities for you to start vocational training in Germany and thus obtain a secure Residence permit . With the change to the skilled worker...
What is the "Fair Integration" counseling service?
"Fair Integration" is an independent, free, and multilingual advisory service available in all 16 federal states. It is specifically aimed at employees from third countries.
The consultation provides support with questions regarding, among other things:
- Employment contract and contractual terms and conditions
- Wages, minimum wage, and working hours
- Vacation and termination
- social security
- Rights and obligations in the employment relationship
- Residence and integration in Germany
The aim of the service is to provide information about rights at an early stage and to avoid risks such as unclear contracts or discrimination in everyday working life.
Why was the duty to provide information introduced?
The new regulation is part of the further development of skilled worker immigration law. While previous reforms primarily facilitated access to the German labor market—for example, through the Opportunity Card or adjustments to the EU Blue Card —Section 45c of the Residence Act now focuses more strongly on protection and transparency.
The aim of the legislation is to prevent foreign workers from ending up in problematic or exploitative employment relationships. The focus is particularly on sectors in which many migrants work. The Federal Ministry of Labor and Social Affairs is responsible for providing advice.
People with a migration background have become indispensable in many industries in Germany. A new study shows that they are disproportionately represented in professions with a shortage of skilled workers, such as nursing, catering, and transportation.
What does this mean for foreign skilled workers in practice?
For migrants and international professionals, the new regulation means one thing above all else: they have a right to information. From 2026 onwards, anyone recruited directly from abroad to work in Germany must be actively informed by their employer about the advisory services available to them.
If this information is missing, those affected can also contact a "Faire Integration" advice center themselves. The advice is free of charge and independent of the employer.
Outlook: Transition phase at the beginning of 2026
Experts anticipate that there will be a transition period at the beginning of 2026. During this time, many companies will adapt their onboarding processes and contract documents. Currently, no fines are planned. However, if it becomes apparent that the information requirement is frequently not being complied with, legislators could tighten the regulations in the future.
For employees from third countries, the following remains crucial: findout about your rights and make use of existing advisory services. These are designed to help you get off to a fair and secure start in your everyday working life in Germany.
