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Ukrainians registering in front of the Office for Migration in Hamburg
Photo: Christian Charisius / picture alliance / dpa
In Germany alone, more than 278,000 people from Ukraine have been registered so far. In order to support them in their job search, there are now numerous initiatives intended to bring employers and Ukrainian workers together. But what should Ukrainians consider when looking for a job now? Can you get to work right away? And in which language should the employment contract best be drawn up – German, English, Ukrainian or Russian? Two employment lawyers answer the most pressing questions for Ukrainian employees and employers in Germany.
What is important for Ukrainian workers in Germany now
AreaAfter registration: Can refugees start working straight away – or is something else required?open
The residence permit is important.
The residence permit is also valid as a work permit via the so-called mass influx directive, which the EU states have activated.
Normally, this process of recognition takes some time.
To speed this up, the authorities issue so-called fictional certificates.
Nevertheless, people are often waiting a few weeks for the green light.
"If there is a work permit or such a fictional certificate, then you can work directly," says Ulrich Sittard, specialist lawyer for labor law at Freshfields in Düsseldorf.
AreaThis residence permit is then valid for two years, does this also apply to the work permit?open
Exactly, both things are linked and valid for two years.
AreaCan I get a work permit even if there is no specific job in prospect?open
Whether or not there is a prospect of a job is irrelevant when it comes to issuing a residence and work permit.
AreaAre all degrees from Ukraine recognised?expand
"This is a case-by-case decision, and the first thing you should ask yourself is: is such recognition even necessary?" says Sittard.
If you work in a regulated profession, such as a doctor or architect, your qualifications need to be recognized in Germany.
There is no central body responsible for this, but the responsibility depends on the specific profession and sometimes also the federal state.
This equivalency check could take several weeks or even months, says Sittard.
The Anabin database makes it relatively easy to check whether certain qualifications are recognised.
In a non-regulated profession, such as IT, such an equivalence test is not necessary.
You can apply and work with your residence permit.
Open areaAre refugees entitled to free language and integration courses?
The residence permit also entitles you to state-funded language and integration courses.
The Federal Office for Migration and Refugees is currently putting together a wide range of services to which people are then entitled free of charge.
SectionIf you cannot start a job straight away: what are the options for social benefits during the transition period and to what extent are they granted?open
With the residence permit, the Asylum Seekers Benefits Act applies.
"The services are then provided without any preconditions," says Sittard.
For adults, this is currently 367 euros per month for single people.
You have the same right to this as to basic medical care.
This includes, for example, the corona vaccination.
AreaAnd a health insurance company – is it easy to register with everyone?expand
First of all, the basic protection applies according to the already mentioned Asylum Seekers Benefits Act.
After 18 months, you have the option of choosing a health insurance company and getting statutory health insurance.
But if you are previously in an employment relationship that is subject to social security contributions, you will of course have regular health insurance beforehand.
AreaAre people from Ukraine covered by the German minimum wage law?open
"Everyone who comes to us from the Ukraine falls under the minimum wage law like everyone else," says Sittard.
Exceptions apply, for example, to young people under the age of 18 who have not completed vocational training and for some internships (e.g. when preparing for a course of study).
If there is still no fiction certificate, there is the possibility of
shadowing
, i.e. looking over your shoulder.
»Then this or that person is not yet allowed to work.
As soon as permission to work has been obtained and the work is done properly, the statutory minimum wage must also be paid,” says Sittard.
AreaIf people from Ukraine receive a job offer, does the employment have to be additionally confirmed by an authority?open
"No, with the work permit, which is part of the residence permit, I can work directly and don't have to apply for an additional permit anywhere," says Sittard.
AreaThis also applies if you want to work independently?open
Even then, yes.
AreaCan refugees complete an apprenticeship in Germany that they started in Ukraine?open
This question cannot be answered definitively, at least for the training.
When it comes to studying, Ukraine is part of the Bologna area.
»Academic achievements from the Ukraine are therefore recognized at German and European universities.
Unfortunately, there is currently no equivalent for vocational training,” says Sittard.
Recognition usually requires that you have a recognized qualification.
“However, the subject is in flux.
In practice, I have the feeling that people are looking for pragmatic solutions," says Sittard.
What is the general situation with studies and training? Are refugees allowed to apply as normal, or is that not possible because they have only promised two years and most of them last three years? Open
If the requirements for training or studying in Germany are met, then you can start with that – even if the duration of the studies exceeds that of the residence permit.
»The hope is that in two years the situation in Ukraine will be such that you can continue your training or studies.
And if not, then the residence permit should have been extended,” says Sittard.
So there is nothing wrong with applying for an apprenticeship or study place.
What employers in Germany now have to consider
AreaUnder what conditions can I hire Ukrainian refugees in my company?open
At the beginning of March, the EU states agreed to take in war refugees from Ukraine quickly and unbureaucratically.
For this purpose, the mass influx policy was activated, with which Ukrainian citizens can, among other things, apply for residence permits.
"In theory, employers can employ Ukrainian refugees immediately," says Viktoria Winstel, a specialist in labor law at Osborne Clarke.
Paragraph 24 of the Residence Act (AufenthaltG), which grants a residence permit for temporary protection, makes this possible.
The residence permit is initially valid for up to two years.
AreaIs the residence permit enough for Ukrainians to work in Germany?open
The residence permit alone does not allow you to take up employment per se.
However, this can be applied for directly at the same time, even if no concrete employment relationship is in sight.
Employers can then employ Ukrainians if the residence permit states the addition »Employment permitted«.
No other work permit is required.
AreaCan the new employee really start promptly?expand
In theory yes, in practice it doesn't always work.
Because in order to get an appointment at the immigration office at all, refugees usually need a registration address or at least a confirmation from the landlord.
Anyone who has neither one nor the other cannot apply for a residence permit.
"Due to missing documents, it can sometimes take weeks to months before you can employ someone," says Winstel.
Accordingly, employers should be prepared for delays – and build in buffers.
AreaAm I obliged to support employees when going to the office?open
No.
Refugees must apply for their residence permit themselves at the Immigration Office.
"Due to language barriers, however, we are finding that employers often provide help to refugees, for example in the form of advice or that they are accompanied to the authorities by a German-speaking person," says the employment lawyer.
AreaKeyword data protection: Are employers allowed to inquire about the residence permit and its duration from potential employees?Open
In fact, you have to.
Foreign workers may only be employed if they have a residence permit that entitles them to do so.
The employer must therefore check whether this is the case - and keep a copy in electronic or written form for the duration of the employment.
If the residence permit expires earlier, the employee must theoretically be given notice of termination - or they will be informed in good time to apply for an extension.
Expand areaWhat do I have to consider in the employment contract?
"We advise our clients to include a condition precedent in the employment contract," says Winstel.
The employment contract only comes into effect once the residence permit has been issued.
According to the employment lawyer, this is particularly important at the moment: "Many immigration authorities are currently overburdened and do not necessarily manage to issue a residence permit or a fictional certificate in such a short time."
AreaGerman, English, Ukrainian, Russian - in which language should the employment contract be?open
In 2014, the BAG decided that the employment contract may be drawn up in German - even if employees do not speak German (file number: 5 AZR 252/12).
For employers, this means that they are not obliged to have the contract translated so that the potential employee can understand it.
Nevertheless, according to employment lawyer Winstel, it makes sense to draw up a bilingual contract, such as a two-column German-English contract.
She advises against a purely English translation: for example, in the event of a legal dispute or when applying for a residence permit, this could mean that you have to prepare and deliver an expensive certified translation.
AreaAm I obliged to offer free language and integration courses?open
No.
AreaAre there still funding opportunities for refugees that employers can apply for?open
Among other things, there is the integration allowance (EGZ), i.e. a subsidy for the wages of employees.
Refugees can also apply for this before taking up employment at the responsible employment agency.
The amount and duration of funding are determined individually.
Employers can find further funding opportunities here.
AreaWhat if an employee doesn't suit me?open
Ukrainian citizens enjoy the same protection against dismissal as everyone else who is employed by German employers in Germany: the Dismissal Protection Act applies to companies with more than ten employees and an employment relationship of more than six months.
A reason for termination under this law is therefore necessary in order to be able to effectively terminate the contract.
If someone is not convincing during the probationary period, the person can be given notice before the end of the six months.
Anyone who is unsure before the start of the employment relationship whether the potential employee is the right candidate can conclude a fixed-term employment contract, for example for one year.
AreaWhere else can employers turn to with questions?open
Among other things, to the employer service of the Employment Agency.
He provides support in the search for applicants and advises on questions about employing refugees.
