Legal Eye: German work permits

"The freedom of movement of workers shall be secured within the Community,"- Art. 39, the EU Treaty.

The EU Treaty, by virtue of article 39, requires all Member States to abolish all local and national laws which discriminate against workers from other EU member states. As is often the case with the EU Treaty, however, exceptions (otherwise known as derogation periods) abound. Germany, along with most EU member states, has taken advantage of this derogation period, and continued to require Polish nationals to first obtain a work permit in order to work legally in Germany. Additionally, Germany, along with all EU member states, reserves the right to extend such requirement for up to seven years "in order to address serious disturbances" in its labour market.

Applying for a work permit

First, the general rule: a German work permit will only be issued in exceptional circumstances to a Polish worker if the position advertised can not be filled by a German national. Once you have found a German employer willing to sponsor your work-permit application, the application must be submitted to the local branch of the National Labour Administration located in the district in which the employer is situated.

 

Professional qualifications

Professionals in certain key sectors will find it easier to obtain a work permit in Germany. For instance, Germany is facing a shortage of qualified nurses and other medical professionals in certain regions, which has spurred a demand for Polish medical professionals. Additionally, for the most part the professional qualifications of licensed Polish medical personnel are automatically accepted in Germany. A Polish doctor does not need to satisfy additional licensing requirements in order to practice in Germany, provided that his or her medical qualifications are recognized as valid in Poland. Other professionals, such as lawyers, teachers and engineers, may also practice their respective professions in Germany, following approval by the competent national authority, provided that the duration and content of their training does not differ to a significant degree from the requirements imposed on similar professionals in Germany. Certain restrictions may be imposed on this second group of professionals by a member state, for instance a Polish attorney may not be permitted to draft wills or represent a criminal defendant.

'Services' are different

The performance of specific services in Germany by Polish workers, most notably in the construction, industrial cleaning and interior decorating sectors, are subject to an open-ended derogation period. This is the only instance I know of where the interior decorators of another member state have expressed their fear of Polish interior decorators. But then again, Polish interior decorators are very talented. Maybe even better than our plumbers.

Paul Fogo is a senior attorney with Miller, Canfield, W. Babicki & Partners