Are you a foreign professional or skilled worker working in Germany – or planning to relocate?
Germany is home to a thriving expat community, with many highly skilled professionals, such as engineers, IT specialists, and healthcare workers, contributing to the country’s economy. However, navigating employment law as a foreigner can be challenging, especially when facing issues like job termination, visa dependency, or concerns about residency status. At our law firm, we specialize in providing expert legal advice and representation to expats, ensuring your rights are protected and your future in Germany is secure.
In the following article, we first explain the key aspects of German employment law for expats (see section 1). Next, we address the common challenges expats face in Germany (see section 2) and clarify who qualifies as a foreign expat (see section 3).
We then detail how our legal services can support you (see section 4) and provide answers to frequently asked questions about employment law for expats (see section 5).
1. Understanding Employment Law as an Expat in Germany
Germany’s employment law system is complex, and as an expat, you may face unique challenges that require tailored legal support. One critical concern for many expats is the connection between their job and their work visa. Losing your job can have significant implications, including the risk of losing your residency permit and facing potential deportation.
Our legal team understands these challenges and works closely with expats to address their specific needs. We provide services in fluent English and have extensive experience representing international clients. Whether you need help with employment contracts, termination disputes, or visa-related issues, we are here to guide you every step of the way.
Note: Discrimination based on nationality or language is prohibited under German law.
2. Common Challenges for Expats in Germany
a) Job Termination and Visa Dependency
Many expats hold work visas tied to their employment. If your job is terminated, your visa may also be at risk. This can create significant uncertainty about your ability to remain in Germany. With a residence permit under § 18a Aufenthaltsgesetz (AufenthG = Residence Act) for example, there is a certain dependency on your employment relationship. If you lose your job, you may be granted a residence permit for job seeking (§ 20 AufenthG) starting from the first day of unemployment. However, once you find new employment, you will need to reapply for a residence permit under § 18a AufenthG.
Additionally, your employment must align with your qualifications. For example, if you have recognized training as a nurse, you must work in this profession. You cannot take up employment in a different field.
Note: Expats in Germany often need to reapply for their residence permit if they lose their job (§ 18a AufenthG).
b) Unfair Dismissals
Understanding your rights under German employment law is essential if you believe your termination was unfair. Expats often face language barriers and unfamiliar legal systems, making it difficult to navigate these disputes without professional assistance.
In Germany, employees enjoy strong protections against unfair dismissal under the Kündigungsschutzgesetz (KSchG). If you believe your termination was not legally justified, you have the right to file a Kündigungsschutzklage (termination protection lawsuit). This legal action must be filed within three weeks of receiving your termination notice. Missing this deadline can result in the termination being considered valid, regardless of its fairness.
When Can You File a termination protection lawsuit?
You can challenge your termination for example if:
- Discrimination or unequal treatment: If the termination violates anti-discrimination laws or disproportionately affects a specific employee group (e.g., expats).
- No valid reason for termination exists: Terminations must be based on personal, behavioral, or operational reasons.
- Procedural errors occurred: For example, if the employer failed to consult the works council or did not adhere to proper notice periods.
Note: Termination protection lawsuits must be filed within three weeks of receiving the termination notice.
c) Employment Contract Issues
Employment contracts in Germany are legally binding, and understanding their terms is crucial. Expats may encounter unclear clauses, unfair terms, or discrepancies that require legal review.
d) Discrimination and Equal Treatment
Discrimination based on nationality, language, or other factors is prohibited under German law. If you experience unequal treatment in the workplace, you have the right to take legal action.
3. Who is a Foreign Expat?
All Non-EU nationals are foreign expats and need a work permit in Germany. Employees from all EU member states are generally treated the same as German nationals and do not require a special work permit. They benefit from „freedom of movement for workers.“
Nationals of Iceland, Norway, Liechtenstein, and Switzerland are also treated as equivalent to EU citizens.
As a boutique law firm specialised in employment law, we advise and represent for example:
a) Skilled workers with § 18a Aufenthaltsgesetz (AufenthG = Residence Act) permits
Skilled foreign workers must meet, among other criteria, the following requirements for a § 18a AufenthG residence permit:
- The Federal Employment Agency („Agentur für Arbeit„) must approve the issuance of a residence permit for skilled workers with vocational training. It ensures that conditions for foreign skilled workers are equivalent to those for German employees (§ 39 AufenthG).
- You have a concrete job offer.
b) Highly qualified professionals (§ 18b AufenthG)
Highly qualified professionals must meet, among other criteria, the following requirements for a § 18b AufenthG residence permit:
- The Federal Employment Agency („Agentur für Arbeit„) must approve the issuance of a residence permit for highly skilled professionals.
- German degree, a recognized foreign degree, or a foreign degree comparable to a German university degree.
- You have a concrete job offer.
c) Blue Card holders (§ 18g AufenthG)
Blue Card holders must meet, among other criteria, the following requirements:
- German degree, a recognized foreign degree, or a foreign degree comparable to a German university degree.
- You have a concrete job offer and earn a gross annual salary of at least EUR 48.300 (as of 2025). In shortage occupations the minimum gross salary is EUR 43.759,80 (as of 2025) and you need an approval by the Federal Employment Agency (see above).
IT professionals without formal qualifications can also apply for a Blue Card if they meet the requirements as stated in 1. and 2. and have worked within the last seven years at least three years in the IT sector.
d) Researchers and intra-corporate transferees, § 18d AufenthG
Non-EU researchers may obtain a residence permit in Germany if they have a hosting agreement with a recognized research institution. The primary purpose of their stay must be to carry out scientific research.
e) International employees during company relocations, § 19 AufenthG
Specialists, managers, or trainees who are transferred within a multinational company group can apply for an ICT permit. This allows a temporary stay in a German branch for a period between 90 days and 3 years, subject to certain conditions.
Note: IT professionals without formal qualifications can apply for a Blue Card if they have a minimum of 3 years experience in their sector.
4. How We Support Expats
Our law firm specializes in employment law and has extensive experience working with expats across various industries. Here’s how we can help:
a) Advice in English
We understand the importance of clear communication. Our lawyers are fluent in English and have extensive experience working with international clients, ensuring you feel informed and supported throughout the process.
b) Termination Protection and Disputes
If you’ve been terminated or fear losing your job, we can evaluate the legality of your dismissal, represent you in termination protection lawsuits („Kündigungsschutzklage“), and negotiate severance payments where applicable.
Note: Work permits are typically tied to the expat’s profession and qualifications.
c) Contract Review and Negotiation
We thoroughly review employment contracts to ensure they comply with German labor laws and protect your rights. We also assist in negotiating better terms when needed.
d) Representation in Legal Disputes
Whether it’s a termination case, discrimination claim, or unpaid wages, we provide strong representation to defend your rights and achieve the best possible outcome.
Note: Shortage occupations in Germany include, among others, Nurses, doctors and dentists.
5. Frequently Asked Questions
a) What happens to my visa if I lose my job in Germany?
Your work visa is often tied to your employment. If your job is terminated, you may need to inform the immigration office and explore options to either extend your visa or find a new employer within a specific timeframe.
b) Can I challenge an unfair dismissal in Germany?
Yes, under German law, you can file a termination protection lawsuit (Kündigungsschutzklage) if you believe your dismissal was unfair. This must be done within three weeks of receiving your termination notice otherwise the dismissal is considered valid.
c) How can I ensure my employment contract protects my rights?
We can review your employment contract to ensure it complies with German labor laws and includes fair terms. If necessary, we can negotiate better conditions on your behalf.
d) What should I do if I experience discrimination at work?
Discrimination in the workplace is illegal under German law (see „Allgemeines Gleichbehandlungsgesetz„). If you face unequal treatment, we can help you file a claim and seek appropriate remedies.
e) Can you help me switch employers while keeping my visa?
Yes, we can guide you through the process of transitioning to a new employer while ensuring your visa remains valid.
f) What is an example for a shortage occupation in Germany?
A shortage occupation includes for example the following (as of 2025):
- Doctors
- Dentists
- Teachers
- Phamarcists
- Nurses
If you’re an expat facing employment-related challenges in Germany, don’t navigate these complexities alone. Our experienced legal team is here to provide you with personalized advice and representation in fluent English.
Contact us today to schedule a consultation and take the first step toward protecting your rights and securing your future in Germany.