The German government decided on 7 December 2011 to maintain restrictions on the comprehensive access to the German labor market for employees from Bulgaria and Romania until 13 December 2013. However, to address the continuing shortage of specialist workers in Germany, the government also decided to simplify access to the German labor market for highly skilled employees. Thus, as from 1 January 2012, highly skilled employees with a university degree from Bulgaria and Romania are permitted to work in a position that is appropriate to their qualification without having to obtain a work permit.
According to the Work Permit Decree, a “position appropriate to a qualification” is work that usually requires an academic degree and (at least in part) skills acquired from an academic education. Foreign employees should be granted the same working conditions (salary, working time, holiday entitlement, etc.) as comparable German employees. Thus, employees from Bulgaria and Romania only require a work permit if they wish to perform non-skilled work or employment that requires an occupational qualification (e.g. carpenters, locksmiths). For highly skilled employees with a university degree, a work permit is not required as from 1 January 2012.
If you have any questions, please contact Klaus Heeke or Claudia Thomas of Raupach & Wollert Elmendorff Rechtsanwaltsgesellschaft mbH.
