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Subcontractors of Italian company working in Germany: Permits?

Frage

I have a question regarding the work of my company in Germany. I tried to collect informations from Croatian government and authorised companies, but they didn\'t give me the same answers. The company is based in Croatia and most of the work we do here, and our activities in Germany would be: - landscaping and garden maintenance, - installation of prefabricated decking system (aluminum substructure and composite wood boards). All the above jobs are for a maximum period of 5-6 days. We are working as subcontractors of an Italian company, so I would like to know which working permits do we need? One of our ministries told me that since this is a short-term job, we don\'t need any working permits, but the other one says we need working permits or international work assignment. Do you have any informations about this problem?

Antwort

For the provision of works contracts in Germany, e.g. in the field of construction, landscaping or gardening, specific work permit regulations still exist for Croatian employees of Croatian subcontractors. Amongst others, a specific EU work permit has to be applied for at a specific department (Zentrale Auslands- und Fachvermittlung, abbreviation: ZAV) of the Federal Employment Agency (Bundesagentur für Arbeit) in Stuttgart. Works contracts carried out by Croatian employees of Croatian subcontractors are only possible within certain contingents which are defined in an intergovernmental agreement between Croatia and Germany.

For the issuance of the EU work permit, the ZAV inter alia assesses the contract between the main contractor and the subcontractor as well as the employment conditions (e.g. the salary) of the employee.

Further information is provided by the ZAV in German language online: www.arbeitsagentur.de (www).

The ZAV can also be contacted directly via mail, phone or e-mail:
Bundesagentur für Arbeit
Zentrale Auslands- und Fachvermittlung
Nordbahnhofstraße 30-34
70191 Stuttgart
Phone: +49 711 920 - 3200, 3250, 3010, 3011
E-Mail: ZAV-Stuttgart-WVV@arbeitsagentur.de

For an overview of additional minimum working conditions or notifications, which amongst others may have to be adhered to when posting foreign workers to Germany, please see a website of the German customs administration: www1.zoll.de (www).

Germany has established Points of Single Contact (PSCs) which aim to assist service providers from other EU member states (e.g. Croatia) in navigating through several legal procedures when providing cross-border services to Germany. Contact details of PSCs are available online at www.point-of-single-contact.de (www).

Source:
Germany Trade and Invest
- Gesellschaft für Außenwirtschaft und Standortmarketing mbH
Januar 2014

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