Arbeitnehmer-Entsendegesetz AEntG (Deutschland) (German Edition)

The German Grand Coalition Agreement: A Triumph for Merkel
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More information about this seller Contact this seller Language: German. Act on mandatory working conditions for frontier and seconded workers and domestic workers employed on a regular basis - Seconded Workers Act.

Translation of «Entsendegesetz» into 25 languages

Chapter 1 - Objective of the Law Chapter 2 - General employment conditions Chapter 3 - Collective working conditions Chapter 4 - Working conditions in the care sector Chapter 5 - Civil Enforcement Chapter 6 - Monitoring and enforcement by government authorities Chapter 7 - Final Provisions. Act concerning adequate control of the labour market with respect to highly skilled professional immigrants and amending further legal residency Regulations Labour Migration Control Law.

Contains provisions on the immigration of skilled professionals and outlines requirements to be met by individuals willing to continue their professional activity in Germany. Incorporates changes regarding terms, economic situation and longevity of prior activity. Makes consequential amendments to the below Acts.

Aims at enabling, regulating and restricting immigration of foreigners who are not citizens of the European Union. Lays out the legal framework for entry, residence and promotion of integration. Facilitates access to the labour market for holders of diplomas in sciences and engineering. Ordinance on integration courses for foreigners and ethnic German immigrants.

The course aims at giving immigrants a basic level of German and general knowledge about the legal system, the culture and the history of Germany. Ordinance on the work permit of new immigrants. Lists the activities and individuals which do and do not require the Federal Labour Agency's approval.

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Students, researchers, certain workers with high qualifications, individuals with commercial activities, journalists, short term workers, sports players, etc. Activities which do not require special qualifications are subject to the approval of the Federal Labour Agency seasonal workers, domestic workers, etc. Some activities which require special qualifications or workers coming from specific countries are also subject to the agency's approval teachers, social workers, specialists, etc. Residence Act Zuwanderungsgesetz.

Contains provisions on the entry, stay and departure of foreigners in Germany. There are various categories of immigrants the law distinguishes between: students, workers, refugees and family members of citizens and residents of Germany. The law also contains provisions to facilitate the integration of immigrants, provisions in case they have to exit the country and penal provisions. Regulates entry and residence of EU citizens and their families with non-German nationality.

Law amending the prescriptions for legal procedures for foreigners and asylum. Regulates the length of time a foreigner can stay in Germany, which institutions shall deal with immigration issues, and also makes provisions with regard to refugees in the framework of humanitarian aid. First Act to amend the Act on benefits for asylum-seekers. Amends provisions of the Act on benefits for asylum-seekers of 30 June regarding the definition of who is entitled to benefits, and the distribution of benefits in special circumstances.

Adds new subsections 10a and 10b which stipulate that benefits shall be the responsibility of the local authorities of the area in which the asylum-seeker resides.

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Act to amend the Foreigner Act. Second Act to amend the Act on the establishment of a temporary residence for recent immigrants of German origin. Permits persons of German origin immigrating to Germany Spaetaussiedler to be placed in communities where they are most likely to be integrated into German society and work life. In this sense, their right to freedom of mobility as guaranteed by article 11 1 of the Basic Law is restricted. This rule does not apply if the expatriate can demonstrate that he or she can viably live in another community without resorting to social assistance.

Notice of the consolidated text of the Act on the establishment of a temporary residence for recent immigrants of German origin. Amends sections 4 and 14 of the Foreigner Act of 18 December Foreign pupils who have legal residence in an EU state shall not be required to have a residence permit in Germany. Made under the Foreigner Act of 9 July Ordinance under section 3, paragraph 4 of the Foreigner Law amending the Ordinance on the Implementation of the Foreigner Act.

Ordinance on the implementation of the Act concerning the foreigner registry. Sets up a data system for a registry of foreigners living in Germany. The ordinance regulates, inter alia, the types of data to be recorded, the government agencies which shall have access to the data, and procedures for transmitting, saving and deleting data. Annex includes complete overview of the registry scheme. Act to amend the Act on the asylum process. Amendment of section 1 concerning the waiting period for work permits for those to be employed for the first time.

Work permits will only be issued to those foreigners holding a residence permit, with certain specified exceptions. Work permits will be given instead of guestworker permit certificates in the context of exchanges with other countries for training purposes. Provides for other related matters.

Tenth Ordinance amending the Work Permits Ordinance.

Federal Act to amend the Act regarding foreign persons. However, not all such performance conditions are uncontroversial. If the required wage floor corresponds to the legal minimum wage or a relevant collective agreement, the reason may lie in the desire to ensure compliance, which is an issue the Procurement Directives address. The relevant public authority may not have the competence to alter the national minimum wage or may not deem it appropriate to enforce it against all operators alike, but may nonetheless wish to pay a living wage in its area of responsibility.

Implementation of the Posted Workers Reform Directive in Germany

The insinuation that competition based on wage differences would be the main form of competition the internal market aims to foster is incorrect. The European market encompasses regions with different productivity levels and living costs.

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As a general principle, the terms and conditions of employment applicable at the location where a work is executed should be respected. Member States can fix terms and conditions of employment for posted workers in one of three ways.

Alternatively, they can declare a collective agreement universally applicable variant 2. For the past decades, income inequality increased, and the development of wages and of productivity has been decoupled: while productivity increased, wages stagnated. While the causes of this process are likely multiple, the liberalization and outsourcing of public services, in conjunction with increased pressure on public budgets, has played a considerable role in this development.

It required contractors and subcontractors in the building sector to pay their employees according to a collective agreement that had not been declared universally applicable. Moreover, it was found to conflict with Art. The precise scope of the decision remained unclear, however, and created considerable uncertainty, as it appeared questionable whether procurement laws could legitimately prescribe a minimum wage at all.

It required contractors to pay the wage prescribed by the collective agreements declared universally applicable via regulation on the basis of the AEntG, and otherwise prescribed a minimum wage of 8.


The contracting authority, the city of Dortmund, nonetheless required the contractor and subcontractor to pay their employees according to the TVgG-NRW, against which Bundesdruckerei appealed. As it prescribed a minimum wage higher than the one applicable in Poland, the Court found the measure to be an unjustifiable restriction of Art. Overview: legal instruments for setting minimum wages in Germany discussed in RegioPost.

The AEntG was already applicable in ; a regulation for setting a mandatory minimum wage for the postal sector according to the AEntG had been in place, but had been annulled by a court.

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Thus, at the time of the facts of the main proceedings, no such regulation was in place. In the German Bundesland Rheinland-Pfalz , the Landestariftreuegesetz LTTG lays down the minimum wage that a contractor has to pay its employees in performing public contracts. Its Art. For contractors to which Art. As the relevant regulation for the postal sector under AEntG had been annulled by a court at the time of the facts of the case, contractors and subcontractors were bound by the wage floor defined by Art.

The municipality of Landau in der Pfalz had issued a call for tender for the provision of postal services. In accordance with the LTTG, the city required tenderers to submit declarations for themselves and their subcontractors that the minimum wage would be paid. The application of one tenderer, RegioPost, which did not comply with this requirement, was excluded from the tender.

Against this decision RegioPost lodged a complaint. In the judgment, the Court of Justice had essentially to deal with the question whether contractors and their subcontractors can be required to pay a certain minimum wage to their employees. By requiring tenderers and their subcontractors to pay a minimum wage of 8. Such conditions must conform to the procedural condition of transparency, as Art. The Court found this condition to be fulfilled, as the minimum wage is laid down by law.