On Employment Ordinance in Germany – Almanya Yabancı İşçi Çalışma Yönetmeliği Hakkında

Merhaba sevgili okuyucularımız.

Bu yazımızda Almanya Yabancı İşçi Çalıştırma Yönetmeliği (Employment Ordinance Beschäftigungsverordnung – BeschV.) kapsamında hazırladığımız bir okuma metni yer almaktadır. İş hukuku çerçevesinde Almanya özelinde derlenen bilgiler ışığında Hukuk İngilizcesi çalışmalarınızda faydalanabileceğiniz Kelime Listesi ve Test çalışması da yazımızda sizleri bekliyor olacak.

Keyifli çalışmalar dileriz …

Navigating the Employment Ordinance in Germany: A Comprehensive Overview

Germany’s economic prowess and technological advancements have drawn a diverse array of global talent seeking opportunities within its borders. At the heart of regulating this influx lies the Employment Ordinance, officially termed “Beschäftigungsverordnung – BeschV.” Enacted initially on June 6, 2013, and recently updated on July 20, 2022, this legal framework provides detailed guidelines for both foreign job seekers and immigration authorities.

Part 1: General Provisions

Scope of Application (Section 1): This section, as outlined in the ordinance, plays a pivotal role in controlling the immigration of foreign workers. It articulates conditions under which a residence title may be issued without Federal Employment Agency approval, including instances where deportation has been temporarily suspended or exceptions granted in derogation of the Residence Act. A noteworthy aspect is the stipulation of salary requirements for Federal Employment Agency approval, set at a minimum of 55% of the annual contribution assessment ceiling, subject to exceptions based on public interest.

Part 2: Skilled Employment

Placement Agreements (Section 2): Addressing the specifics of skilled employment, this section delves into the conditions for obtaining temporary residence permits. It underscores the importance of having a concrete job offer, authorization to practice the profession, and a commitment to validating foreign professional qualifications within Germany. Such emphasis aligns with Germany’s dedication to ensuring that skilled immigrants contribute meaningfully to the country’s workforce.

Executive Staff, Managers, and Specialists (Section 3): In recognizing the diverse skill sets required in the German labor market, this section allows approval for executive staff, legal entity representatives, and individuals with specialized knowledge. This insight reveals Germany’s acknowledgment of the need for unique expertise, contributing to the country’s competitiveness in various sectors.

Employment in Selected Professions (Section 6): Focused on the information and communication technology field, this section opens avenues for skilled workers with proven professional experience. The requirement of at least three years of relevant experience, a specified salary threshold, and language proficiency showcases Germany’s strategic approach to addressing specific skills shortages.

Special Considerations (Sections 5, 8, and 9)

Academics, Research, and Development (Section 5): Acknowledging the importance of international collaboration in academic and research sectors, this section exempts certain categories, such as academic staff and researchers, from requiring approval for a residence title. This aligns with Germany’s commitment to fostering a globally integrated research and academic environment.

Initial and Continuing In-Company Vocational Training (Section 8): This section reflects Germany’s emphasis on skills development and training within its workforce. The provision for vocational training, subject to a labor market test, highlights the nation’s commitment to nurturing a skilled workforce for sustained economic growth.

Employment in the Case of Previous Periods (Section 9): Recognizing and rewarding long-term contributions, this section exempts certain foreigners from approval requirements based on their employment history or uninterrupted residence in Germany. This nuanced approach aligns with Germany’s strategy of retaining valuable contributors to its economy.

Conclusion

The Employment Ordinance in Germany is a dynamic and responsive legal framework, attuned to the evolving needs of its labor market. By addressing specific scenarios, skill levels, and professions, the ordinance reflects Germany’s commitment to maintaining a delicate balance between economic growth, global competitiveness, and the integration of a diverse and skilled workforce. As Germany continues to shape its role on the global stage, the Employment Ordinance remains a cornerstone in fostering an inclusive, skilled, and resilient workforce for the future.

VOCABULARY LIST

Academic staff – Akademik personel
Admission – Kabul
Annual contribution assessment ceiling – Yıllık katkı değerlendirme tavanı
Authorization – Yetki
Commitment – Taahhüt
Concrete job offer – Somut iş teklifi
Deportation – Sınırdışı etme
Derogation – İstisna
Diverse expertise – Çeşitli uzmanlık
Engineers and technicians – Mühendisler ve teknisyenler
Equivalence – Eşdeğerlik
EU Blue Card – AB Mavi Kart
Executive staff – Yürütme kadrosu
Fairness – Adillik
Federal Employment Agency – Federal İstihdam Ajansı
Foreign professional qualification – Yabancı mesleki nitelik
Global talent – Küresel yetenek
Immigration – Göç
Immigration control – Göç kontrolü
In-Company Vocational Training – İşyerinde Mesleki Eğitim
Intercultural integration – Kültürler arası entegrasyon
Interruption – Kesinti
Intergovernmental agreement – İki hükümet arası anlaşma
Labour market – İş piyasası
Labour market needs – İş piyasası ihtiyaçları
Labour market test – İş piyasası testi
Legal entity – Hukuki kişilik
Legal representative – Hukuki temsilci
Minimum salary – Asgari ücret
Practical experience – Pratik deneyim
Predominantly funded by public resources – Çoğunlukla kamu kaynaklarıyla finanse edilen
Public enterprise – Kamu kuruluşu
Public interest – Kamu çıkarı
Recognition procedure – Tanıma prosedürü
Regional economic interest – Bölgesel ekonomik çıkar
Residence Act – İkamet Kanunu
Residence title – İkamet belgesi
Sufficient German language skills – Yeterli Almanca dil becerileri
Specialist knowledge – Uzmanlık bilgisi
Specialist skills – Uzmanlık becerileri
Temporary residence permit – Geçici ikamet izni
Temporary suspension of deportation – Sınırdışı etmenin geçici olarak durdurulması
Transparent – Şeffaf
Validation – Onaylama
Vocational training – Mesleki eğitim

TEST

Immigration and Employment Regulations in Germany

Question 1:
What is the primary purpose of the “Beschäftigungsverordnung – BeschV” in Germany?

a) Cultural integration
b) Environmental protection
c) Regulation of foreign workers’ immigration and employment
d) Education reform

Question 2:
Which authority is responsible for granting approval for a residence title without Federal Employment Agency involvement, according to Section 1 of the ordinance?

a) Ministry of Education
b) Federal Employment Agency
c) Federal Ministry of the Interior, Building, and Community
d) Local municipalities

Question 3:
In Section 2, what conditions must be met for the issuance of a temporary residence permit for skilled employment?

a) Fluency in German language
b) Authorization to practice the profession and commitment to validate foreign professional qualifications
c) Approval from the local municipality
d) Minimum age requirement

Question 4:
What is the minimum salary requirement for Federal Employment Agency approval, as specified in Section 1?

a) 45% of the annual contribution assessment ceiling
b) 60% of the annual contribution assessment ceiling
c) 75% of the annual contribution assessment ceiling
d) No minimum salary requirement

Question 5:
According to Section 5, who does not require approval for a residence title in Germany?

a) Engineers and technicians
b) Executive staff
c) Teachers at state schools
d) All of the above

Question 6:
What does “Intergovernmental agreement” refer to in Section 9?

a) A bilateral agreement between countries
b) A legal document for residence permits
c) A labor market test
d) A temporary suspension of deportation

Question 7:
In Section 6, what minimum percentage of the annual contribution assessment ceiling is required for skilled employment in information and communication technology?

a) 40%
b) 50%
c) 60%
d) 70%

Question 8:
According to Section 3, who can be granted approval for skilled employment in Germany?

a) Any foreigner
b) Individuals with no specialized knowledge
c) Legal entity representatives and persons with particular specialist knowledge
d) Only German citizens

Question 9:
What is the primary focus of Section 8 in the ordinance?

a) Minimum salary requirements
b) Recognition of foreign professional qualifications and in-company vocational training
c) Language proficiency tests
d) Regional economic interest

Question 10:
In Section 9, how are periods of temporary employment counted in determining the period of residence?

a) Fully
b) Ignored
c) Counted at half value
d) Counted only if the foreigner is granted a residence title

Question 11:
What does “EU Blue Card” refer to in the vocabulary?

a) A type of identification card for European Union citizens
b) A residency permit for highly qualified non-EU nationals
c) A credit card issued by the European Union
d) A language proficiency test

Question 12:
Which section of the ordinance addresses employment in selected professions with extensive practical work experience?

a) Section 3
b) Section 6
c) Section 9
d) Section 5

Question 13:
What term is used in Section 4 but has been repealed?

a) Executive staff
b) Deportation
c) Legal entity
d) Authorization

Question 14:
What is the significance of the term “Equivalence” in the ordinance?

a) Language proficiency
b) Determination of salary
c) Recognition of foreign professional qualifications
d) Temporary suspension of deportation

Question 15:
What category of professionals is exempt from requiring approval for a residence title, according to Section 5?

a) IT specialists
b) Academic staff at higher education institutions
c) Skilled workers with less than two years of experience
d) Engineers without specialized knowledge

Answers:

c) Regulation of foreign workers’ immigration and employment
c) Federal Ministry of the Interior, Building, and Community
b) Authorization to practice the profession and commitment to validate foreign professional qualifications
b) 60% of the annual contribution assessment ceiling
d) All of the above
a) A bilateral agreement between countries
c) 60% of the annual contribution assessment ceiling
c) Legal entity representatives and persons with particular specialist knowledge
b) Recognition of foreign professional qualifications and in-company vocational training
c) Counted at half value
b) A residency permit for highly qualified non-EU nationals
b) Section 6
b) Deportation
c) Recognition of foreign professional qualifications
b) Academic staff at higher education institutions