How to send workers to Germany to work?

This brief text refers primarily to the posting of workers to Germany under the Agreement entered between the SFRY and the FR of Germany on the posting of workers under a contract of performance, called Detachment (“Detachment”), signed in 1989.

Based on Detachman, it is possible to send workers to Germany for performance of construction work and similar. First requirement that has to be fulfilled, in order to send workers to Germany, is obtaining the authorization that issues Serbian Chamber of Commerce (the “Chamber”). Depending on the number of employees that company wishes to appoint, the entire process may be completed before the Chamber or some actions may also need to be taken before the German Embassy in Serbia (“Embassy”).

The very process of appointment of workers to Germany has three steps. The first step of the procedure is within the competence of the Chamber, the second step of the procedure is taken before the Employment Agency in Stuttgart, while the third step of the procedure can be carried out either before the Chamber or at the Embassy.

As aforementioned, for the workers appointment to Germany, first step is obtaining of the authorization from Chamber is necessary. Authorization shall be issued if the following requirements are met:

• That a company from Serbia has a representative office in Germany
• That a company from Serbia has a contract to perform certain works with a company from Germany

In August 2019, four additional requirements that a domestic company must meet in order to obtain the Authorization were adopted:

• To have at least two financial statements submitted to the Business Registers Agency;
• That at least 10% of the generated business income in the Republic of Serbia is from the total business income;
• That the business account has not been blocked for more than 14 days continuously for a period of one year prior to the submission of the request for allocation of detachment;
• That a number of appointed workers does not exceed of 90% of the total number of employees.

It should be noted that the Chamber may request from the applicant additional documentation, on the basis of which it shall determine the fulfillment of the conditions, for the purpose of issuing the Authorization. If the Applicant fulfills the above conditions, the Authorization shall be awarded and the company may proceed to the second step of the procedure.

The second step of the procedure is solely conducted before the Employment Agency in Stuttgart, which has the authority to issue work permits for workers coming to Germany. As this is a procedure that has to be carried out in Germany, the author of this article shall refrain from explanation of this part of the procedure in detail.

After successfully obtaining a work permit in Germany, application for visa may be submitted. If a visa is obtained for five or more workers in this case, the application and all the necessary documentation are to be submitted to the Chamber, otherwise the application must be submitted to the Embassy. In order to obtain visa for each worker who has obtained a work permit, the following is required:

• Request for a national visa;
• 2 completed and signed copies of the informant;
• Photocopy of passport – personal data page, all pages with visas, stamps and notes;
• 2 photos;
• Fee: EUR: 35 for visas for stays of up to 3 months, EUR 75 for visas for stays of more than 3 months;
• Listing from pension and disability insurance + 2 photocopies; form 101 and form 106;
• Certificate of sufficient health insurance;
• License for workers under a detachment contract;
• Proof of professional qualification of workers;
• Employer’s employment confirmation.

After obtaining a visa, the worker may be appointed to work in Germany, of course, during the period for which the work permit and visa were issued.

Please note that the explained procedure and the required documentation are general requirements and that the competent authorities have discretion to request provision of additional documentation. For this reason, engagement of specialist lawyer for Detachment of Workers is recommended.