A change to Germany’s Residence Act, which came into force on January 1st of this year, introduced a legal obligation for employers to actively inform certain foreign hires about their rights and where to seek help if problems arise.
The rule, set out in Section 45c of the law, states that: “the employer must inform the third-country national in writing, no later than the first day of work, of the possibility of obtaining information or advice” and must provide contact details for a relevant advisory service.
The measure comes as part of Germany's recent efforts to open its labour market to non-EU workers. It comes, along with a number of reforms to the the Skilled Immigration Act, as part of the federal government's efforts to address ongoing labour shortages.
It's been well understood for years that Germany needs hundreds of thousands of additional skilled workers each year to sustain its economy. At the same time, studies show immigrants often face structural disadvantages, including lower starting wages and limited access to information about their rights.
The new rule is designed to address exactly that gap: improving transparency and preventing exploitation, particularly in sectors where foreign workers are more vulnerable.
Who does the rule apply to?
The obligation applies specifically to workers from so-called “third countries” (from outside of the EU, EEA and Switzerland) who were recruited directly from abroad.
This includes cases where:
- the employer is based in Germany
- the employment contract was signed while the worker was still abroad
- the job is carried out in Germany
To be clear the rule does not necessarily apply to foreign nationals who were already living in Germany when they were hired.
Also, it does not apply retroactively to contracts signed before 2026, nor to workers already living in Germany at the time of hiring.
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What employers must provide
In cases where the rule does apply, employers need to give their new employees written information (via email, contract or letter) no later than the first working day.
This information includes:
- notice that free employment counselling is available
- details of what kind of support can be accessed
- contact information for the nearest advisory centre
Legal experts note that a simple standardised paragraph in an employment contract may be enough to comply.
This LinkedIn post has more information about what exactly is required from employers.
What support is available?
The key service resource that's good for incoming workers to be aware of here is the government-backed “Fair Integration” programme, a nationwide network offering free, multilingual job counselling and advice to foreign workers.
The service covers issues such as: employment contracts and working conditions, wages and minimum wage compliance, working hours and holiday entitlements, your rights when it comes to termination and dismissal, and social security and residence issues.
The aim is to ensure that workers understand their rights early, before any problems escalate.
For incoming foreign professionals and workers, the change introduces a clear and enforceable right: you should be proactively informed about where to get help.
Importantly, this law shifts responsibility onto employers. Rather than expecting workers to navigate Germany’s complex system alone, companies must now provide guidance from the get-go.
Currently there are no fines or other penalties listed in the law for failing to comply. But legal experts stress that the obligation is binding.
This legal change, may prove to reflect a broader shift in Germany’s approach to labour migration, from simply attracting workers to actually ensuring fair conditions once they arrive.
For expats starting a new role in 2026, if you were recruited from abroad, your employer should tell you where to turn and that advice is, in fact, free.
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