Ukrainian refugees – employment problems?

Ukrainian refugees. War broke out in Europe nearly eight weeks ago. Hard to imagine, but a bitter reality. “Peace negotiations” falter and make little progress. Because of the war, many Ukrainians are now fleeing to Western Europe. Refugee reception centers in Poland are doing their best and trying to control the situation. Then many refugees are brought to Germany. In security and peace, many are trying to build a new life. The article deals with the question of how difficult or easy it is to help refugees from Ukraine who are Access to the labor market to supply.

Aspects of labor law

Which Aspects of labor law Should it be taken into account? We may all realize that more and more Ukrainian refugees are coming to Germany every day. We hope that those who can and are willing to work will find quick and unbureaucratic access to the labor market. But the question arises, what are the most important legal requirements that employers must consider and know?

Working with a temporary protection residence permit in Germany?

First of all, it is questionable whether refugees with a temporary protection residence permit can work in Germany? Something small: This is good. However, you should note the following. The gainful employment must first be allowed by the immigration authorities. When the residence permit is issued, the immigration authorities will enter into the work residence permit, even if there is no defined employment relationship in the future permissible he is. For you, this means that no other work permit from another authority is required. Once the application is submitted, the immigration authorities will do so fictional testimonials Displays. In addition, the aliens authority will also enter the “employment” allowed in the dummy certificate.

Entry guarantee and temporary legal residence

Moreover, the question arises whether entry and temporary legal residence are guaranteed. The Ministry of the Interior issued a decree exempting displaced persons from Ukraine temporarily from the requirement to obtain a residence permit in Germany. This regulation entered into force on March 9, 2022 Retroactively Applicable on 02/24/2022. In addition, this is until 23.05.2022 temporary. However, this can also be extended. According to the current situation, during this period, an application must be submitted to the responsible aliens authority for a residence permit in accordance with Article 24 of the Residence Act.

Can refugees be employed directly?

Can refugees from Ukraine directly I became busy. All you need is a residence permit in accordance with Section 24 (1) of the Residence Act, which contains the entry “permitted to work”. The work permit is also granted with the so-called fictitious work, which cuts the time until the actual residence permit is issued. In this case, refugees can pursue any job in Germany or start a vocational training of their choice.

Effects on social and tax law

Which Effects You have the jobs but on it Social and tax law? The question also arises whether refugees from Ukraine automatically Tax identification number to receive.

The current status as of 04/14/2022 is the TIN with the notification of the responsible municipality Connected he is. Translator, meaning that with the residence registration in Germany automatically A tax identification number is issued. Otherwise, the limited tax liability remains with a redirection to the responsible tax office, which then issues an identification number.

But what applies to Social Security? Refugees from Ukraine should be treated as regular employees and the usual social security regulations apply.

Conclusion – easier than you think?

Before we get to the checklist, here’s a little one Conclusion. So overall, it’s not as complicated as originally expected. The door is open to all refugees to start a new life in peace with little or no bureaucracy. Let’s hope these trying times will be over soon.

Checklist

Here you can find out how the HR department should proceed from a legal point of view:

Step 1: As always, the potential employer must check whether the persons to be hired are third-country nationals – ie not from EU countries – whether they have I have an earto work in Germany.

Step 2: In step 2, this also results in relation to refugees from Ukraine from the residence documents or residence permit that will be submitted for this purpose. These documents must indicate whether the activity as a whole or at least employment is permissible he is. If this is the case, the work is subject to the Residence Act Permissible.

Step 3: It is important that you know that without Work permit and employment as a rule Unacceptable he is. You can also enter the country without a visa due to your non-visa status. In addition, there are simplified residence regulations for Ukrainian refugees and other refugees in Germany. However, in most cases, this alone does not justify hiring. In addition, refugees from Ukraine are entitled to a special residence permit in accordance with Article 24 of the Residence Act.

The fourth step: In addition, people undergoing the asylum process can also be employed under certain conditions. The potential employer must verify the work permit based on current residence documents. It should be noted that employment during mandatory placement in a reception facility is not allowed. Moreover, the power of foreigners At the earliest Allow work after three months. In most cases, the Federal Employment Agency must also approve. Last but not least, once the asylum procedure has been successfully completed, people recognized as eligible for asylum receive a residence permit that gives them the right to work.

You may also be interested in:

The Bundestag: Refusal of compulsory vaccination

BVerfG Decision on Federal Emergency Brakes, Part 1

BVerfG Decision on Federal Emergency Brakes, Part 2

sources:

https://www.arbeitsagentur.de/unternehmen/arbeitskraefte/gefluechtete-beschaeftigen

https://www.haufe.de/personal/entgelt/beschaefungung-von-gefluechten-aus-der-ukraine_78_564528.html

https://www.humanresourcesmanager.de/arbeitsrecht/checkliste-fuer-die-employment-of-refugees-from-the-ukraine/

Leave a Comment