Since January 1, 2026, employers in Germany have been subject to a new legal obligation under Section 45c of the German Residence Act (Aufenthaltsgesetz, AufenthG). The regulation requires employers to inform newly hired third-country nationals (non-EU/EEA citizens) in writing — no later than their first day of work — of the free state-funded advisory service “Faire Integration,” which covers employment and social law matters. Employers who understand the requirements and adjust their processes accordingly can meet this obligation with manageable effort and avoid legal risk.
Schlun & Elseven advises companies on implementing the new legal requirements. Whether developing suitable notification forms, updating existing onboarding processes, or training HR teams, our attorneys specializing in residence and immigration law help employers integrate the notification requirement into their HR structures in a legally sound and efficient manner.
Section 45c AufenthG: What the New Regulation Requires
The new provision applies to employers based in Germany who enter into an employment contract — for work to be performed in Germany — with a third-country national whose place of residence or habitual abode is still abroad at the time of signing. These employers must:
- Provide written notification of the free option to use state information and advisory services on employment and social law matters through “Faire Integration” (under Section 45b(1), sentences 1 and 2 AufenthG),
- Supply the contact details of the nearest advisory office,
- Do so no later than the employee’s first day of work in Germany.
Topics covered by the advisory service may include:
- Employment contracts
- (Minimum) wages
- Working hours
- Vacation and sick leave
- Warnings and termination
- Rights and obligations of employees and employers
Important: Employers are not required to provide legal advice themselves. The obligation is limited to making employees aware of the existing state advisory offer.
Section 45c AufenthG: Who Is Affected?
The notification requirement applies regardless of company size, sector, or type of employment. It covers all employers based in Germany who hire third-country nationals recruited from abroad — whether on permanent or fixed-term contracts, full-time or part-time, as skilled workers or in any other capacity.
The following are not covered:
- EU citizens, EEA nationals, and equivalent groups who have access to the German labor market under freedom of movement rules,
- Third-country nationals already resident in Germany who enter into a new employment contract without having been recruited from abroad,
- Cross-border placement cases within the meaning of Section 299 of the German Social Code, Book III (SGB III), where a placement agency such as the Federal Employment Agency (Bundesagentur für Arbeit) has already fulfilled the notification obligation.
Note: The advisory service itself is available to both third-country nationals who are still habitually resident abroad and those already living in Germany. However, the employer notification requirement under Section 45c of the AufenthG applies only to third-country nationals hired from abroad.
Background: Why Was This Regulation Introduced?
The introduction of Section 45c AufenthG reflects a shift in perspective in German migration law. The legislature takes the view that the recruitment of workers from non-EU countries is a permanent feature of labor market policy and requires effective protective structures to match. In practice, many third-country nationals start work with limited knowledge of German employment, social security, and residence law — for example, regarding protection against unfair dismissal, entitlement to annual leave, social insurance, or the residence law implications of changing jobs. These knowledge gaps can create legal problems for both employees and employers.
The legislature sees employers as occupying a key position: they are typically the first reliable domestic point of contact for newly recruited workers from abroad and are well placed to ensure that information reaches employees at the right time. Section 45c AufenthG acts as a link between state-organized advisory structures and everyday workplace practice.
What Are the Risks of Non-Compliance?
At present, a breach of the notification requirement under Section 45c AufenthG does not carry criminal or administrative penalties. It remains to be seen whether such breaches will be added to the penalty provisions in Chapter 9 of the Residence Act.
That said, employer breaches of immigration compliance obligations can generally be treated as administrative offenses during official inspections — for example, by customs authorities or the immigration authority (Ausländerbehörde) — and may result in fines. There is also the risk of indirect liability if a failure to provide notification is linked to immigration problems affecting an employee, drawing the employer into official investigations.
Practical tip: The greatest practical risk lies not so much in providing the information itself as in being able to prove that it was provided. Employers who cannot demonstrate that notification was given on time and in the required written form face an unfavorable evidentiary position in any dispute. Thorough documentation is therefore not a bureaucratic formality — it is an essential risk management tool.
Practical Implementation: How Employers Can Meet the Requirement
The requirements of Section 45c AufenthG can be integrated into existing HR processes with manageable organizational effort:
- Embed it in the onboarding process: Make the notification a fixed step in onboarding so that it is always provided no later than the first day of work.
- Standardized information sheet: Develop a uniform written notification template that references the state advisory services and includes the contact details of the relevant office.
- Documentation: Secure proof of receipt — by signature or acknowledgment — and retain this in the personnel file.
- Clear responsibilities: Assign ownership of the obligation within the HR function and ensure staff are familiar with the new requirement.
- Err on the side of caution: When in doubt, issue the notification — the exemption for cross-border placement cases is narrowly defined.
Schlun & Elseven: Professional Support with Section 45c AufenthG
The introduction of Section 45c AufenthG presents companies with concrete organizational challenges: onboarding processes need to be updated, appropriate notification forms need to be developed, and internal responsibilities need to be clearly defined. When implementing these requirements for the first time, specialist legal support is a worthwhile investment — both to avoid implementation errors and to embed the new requirements in a functioning compliance structure on an ongoing basis.
Schlun & Elseven has extensive experience in immigration law and regularly advises international companies and foreign employers on their obligations under German law, including compliance with residence law. Our team assists with the development of practical notification templates, the legal assessment of atypical cases — such as cross-border placements or mixed workforces — and the training and briefing of HR staff. We also support companies during official inspections and audits, and where necessary handle communication with the relevant authorities.
FAQs: Common Questions on the Notification Requirement under Section 45c AufenthG
Yes. The provision does not distinguish by type, duration, or scope of employment. Fixed-term, marginal (low-hour or low-income positions below statutory thresholds), and project-based roles all trigger the notification requirement, provided the employee was recruited from abroad.
Section 45c AufenthG is tied to the employee’s place of residence or habitual abode at the time the employment contract is signed. Anyone already resident in Germany at that point is generally not covered by the provision. Where there is uncertainty about the employee’s actual location at the time of signing, a legal assessment of the individual case is advisable.
The notification must meet the requirements of written form — that is, it must be in writing or in a comparable durable format, such as by email or as a signed information sheet (see Section 126b of the German Civil Code, BGB). It is also essential that receipt of the notification by the employee can be demonstrated. An internal note without documented proof of delivery does not suffice.
The law sets no language requirement. As a practical matter, however, and to avoid misunderstandings, it is advisable to provide the notification at least bilingually — in German and in a language the employee understands.
The relevant office is the one geographically closest to the employee’s place of work, not their place of residence. Contact details for the relevant offices should be checked regularly for accuracy, as responsibilities can change.p>
